Massachusetts Clauses Relating to Defaults, Default Remedies
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FAQ
What a 'breach of contract' is. A contract of employment is a legally binding agreement between you and your employer. A breach of that contract happens when either you or your employer breaks one of the terms, for example your employer doesn't pay your wages, or you don't work the agreed hours.
The type of agreement and details of how the agreement was broken. The action you need to take to pay the arrears in full by a certain date. The action the creditor intends to take if you are unable to comply with the default notice ? e.g. refer the account to debt collectors or to start court action.
Under the law, once a contract is breached, the guilty party must remedy the breach. The primary solutions are damages, specific performance, or contract cancellation and restitution. Compensatory damages: The goal with compensatory damages is to make the non-breaching party whole as if the breach never happened.
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.
A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue. example: unpaid loan.
Rule 55(b)(1) authorizes the clerk to enter a default judgment in certain limited circumstances. He shall do so upon plaintiff's request if: the claim against the defendant is for a sum certain or for a sum which by computation can be made certain; and. the default has been entered for failure to appear; and.
The notice has to have exactly this title: ?Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act? The notice has to give you 21 days from the mailing to catch up on your payments to avoid repossession. This is called the ?default cure? period. The due date must be on the notice.
For a contract ? including an oral contract ? to be valid, it must have the 3 essential elements of an enforceable agreement: An offer, An acceptance of that offer, and. Consideration.