This form is a Complaint. Plaintiff brings an action against defendant for breach of contract and requests a monetary award, plus punitive damages.
Massachusetts Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
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US-01598
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How to fill out Complaint Regarding Breach Of Contract, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?
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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.
Promissory estoppel is often considered a creature of both law and equity, see Court Opinions, which lends flexibility to the application of the doctrine and available remedies. Promissory estoppel is often used as an alternative to a breach of contract claim.
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.?
As a general rule, contractual damages are available through legal action in English law if one of the contracting parties has broken a term of that contract. The breach of contractual obligations must have caused a loss, primarily financial.
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.
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.
The plaintiff in a breach of contract case must prove that the defendant failed to perform in ance with the contract, and must do so with "substantial certainty" in identifying the term that was breached. The plaintiff must also prove that the breach created actionable damages.
? Implied Covenant of Good Faith and Fair Dealing HBC Associates, 411 Mass. 451, 471. This means ?that neither party shall do anything that will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.? Id. 471-472.