This form is a Complaint. Plaintiff alleges that the defendants are liable for breach of contract and breach of good faith and fair dealing. Plaintiff demands judgment against defendants and request monetary damages for the breach of contract in an amount set by the trial court.
Indiana Complaint regarding Breach of contract, Fair dealing, Fraud, Conversion, Accounting, Trade Secrets Act. Agreement to Merge Businesses
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How to fill out Complaint Regarding Breach Of Contract, Fair Dealing, Fraud, Conversion, Accounting, Trade Secrets Act. Agreement To Merge Businesses?
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FAQ
Based on this statutory definition, Indiana courts have long held that a trade secret has four general characteristics: 1) it is information; 2) that derives independent economic value; 3) from not being generally known, or readily ascertainable by proper means by others who can obtain economic value from its ...
?To prevail on a claim of quantum meruit, also referred to as unjust enrichment, the plaintiff must establish that a measurable benefit has been conferred upon the defendant under such circumstances that the defendant's retention of the benefit would be unjust.? King v. Terry, 805 N.E.2d 397, 400 (Ind. Ct. App.
If the defendant benefited at the plaintiff's expense, more than likely the enrichment that occurred was unjust. However, if the plaintiff also received something in return, the enrichment might not be qualified as unjust.
The statute of limitations for breach of oral or written professional services contracts is two (2) years. The statute of limitations for breach of all other types of oral contracts is six (6) years. The statute of limitations for breach of all other written contracts is ten (10) years.
Under Indiana law, the three elements of a breach of contract claim are (1) the existence of a contract, (2) the defendant's breach thereof, and (3) damages suffered as a result.
Contract. Ind. Code § 34-11-2-7 (six year statute of limitations for ?contracts not in writing?). Where, as here, the unjust enrichment claim is related to alleged misappropriation of property, a two-year limitations period applies.
Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement.