Indiana General Form of Complaint for Breach of Oral Contract

State:
Multi-State
Control #:
US-02166BG
Format:
Word; 
Rich Text
Instant download

Description

The failure of a contracting party to substantially perform the terms and conditions of a service contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

That said, in Indiana, the general rule is that oral contracts are enforceable unless otherwise provided.

Your answer to the plaintiff's complaint should include all legal and equitable affirmative defenses available to you based on the facts. Your response to the complaint must be thorough, as any available defenses not timely raised or properly alleged may be waived.

A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.

Ways to prove an oral contract Call up witnesses to the oral contract. ... Actions either or both parties took that are in compliance with the contract. Receipts, email, texts, bills, or other documents that back up the terms of the contract.

Put simply: yes. From a legal standpoint, verbal contracts can often be as valid as written contracts. They may be extremely difficult to regulate but you should find comfort in knowing that there are applicable state and federal laws that can help enforce such contracts and protect your legal rights.

However, as a general rule, the law considers that verbal agreements are legally binding. Whilst there are some exceptions to this (such as Settlement Agreements between employers and employees or agreements for the sale and purchase of land), verbal agreements can be enforceable.

Many Hoosiers mistakenly believe that they can legally cancel contracts or purchase decisions as long as they do it within three days of making an agreement. In most cases, that's simply incorrect. Under Indiana law, a sale is usually considered final immediately. However, occasionally there are exceptions.

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Indiana General Form of Complaint for Breach of Oral Contract