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.
The Massachusetts General Form of Complaint for Breach of Oral Contract is a legal document used in Massachusetts courts to initiate a lawsuit against a defendant accused of violating an oral contract. This form is essential for individuals seeking legal recourse for breaches of agreements that were not put into writing. The general form provides a structured outline for presenting the necessary details of the plaintiff's claim. To accurately complete this form, it is crucial to include relevant information, such as the names of the parties involved, a clear description of the oral contract, date and location of the agreement, as well as the specific terms and conditions agreed upon. Including specific keywords and legal phrases is essential to effectively convey the breach of oral contract claim. Key information required in the Massachusetts General Form of Complaint for Breach of Oral Contract includes the following: 1. Parties Involved: It is crucial to provide the names, addresses, and contact information for both the plaintiff (the party initiating the lawsuit) and the defendant (the party accused of breaching the oral contract). Include their legal names and any applicable business names. 2. Jurisdiction: Clearly state the court and jurisdiction in which the complaint is being filed. In Massachusetts, this is typically the Massachusetts District Court or the Massachusetts Superior Court. 3. Nature of Claim: Provide a detailed description of the oral contract that was breached. Explain the terms and conditions agreed upon by both parties and provide any evidence or documentation that supports the existence of the oral contract. 4. Breach Allegations: Clearly state how the defendant has violated the oral contract. Include specific incidents, actions, or behaviors that constitute the breach. Highlight any damages incurred as a result of the breach. 5. Relief Sought: Specify the exact remedies or relief being sought from the court. This can include requesting monetary compensation for damages, specific performance (enforcement of the contract), or any other appropriate legal remedies. Some types of Massachusetts General Form of Complaint for Breach of Oral Contract may differ depending on the specific circumstances of the case. For example: — Complaint for Breach of Oral Employment Contract: This form may be used by an employee who has been promised specific terms of employment orally and seeks legal redress for any breach of those terms. — Complaint for Breach of Oral Lease Agreement: This form may be utilized by a tenant or landlord who entered into an oral lease agreement, but a breach has occurred, such as non-payment of rent or failure to maintain the property properly. — Complaint for Breach of Oral Sale of Goods Contract: This form may be utilized when one party fails to fulfill the terms of an oral contract related to the sale or purchase of goods or services. It is important to consult with an attorney or legal professional to ensure the Massachusetts General Form of Complaint for Breach of Oral Contract is completed accurately and tailored to the specific circumstances of your case.
