Louisiana Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
Compensatory damages (also called ?actual damages?) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.
In order to establish a breach of contract claim, the plaintiff must prove the following elements: A valid or binding contract existed. You honored or performed your part of the contract. A material breach by the defendant occurred due to the failure to perform their part of the contract.
The most common remedy is damages, where the court determines the damage that the breach of contract caused, and directs the party who breached the contract to pay a sum of money. In some circumstances, the court will make an order for specific performance.
Such contracts are agreements to pay money upon the occurrence of a specified event. Mental distress damages do not flow from the breach of such contracts. They are not ?personal.?
In order to state a cause of action for negligent misrepresentation under Louisiana law, "(1) there must be a legal duty on the part of the defendant to supply correct information; (2) there must be a breach of that duty, which can occur by omission as well as by affirmative misrepresentation; and (3) the breach must ...
No matter how mean your landlord was to you about getting your deposit back, no matter how much sleep you lost when your contractor abandoned the job, no matter how sick to your stomach you became when your insurance company denied your claim, you simply cannot recover for emotional damages in California when someone ...
In short, you can sue for emotional distress and mental trauma caused by another's negligence.