Maryland Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees
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How to fill out Complaint For Breach Of Written Contract Seeking Damages And Attorneys Fees?
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FAQ
You need to sue the person or business who signed or entered into and then breached the contract. Generally, someone cannot sue a third party they do not have a contract with. Only the one who signed or entered into the agreement with you is responsible for the damages to you.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
The general remedy for breach of contract is a monetary sum amounting to the financial loss suffered as a result of the breach. The common law position is to place the innocent party in the same position as if the contract had been performed, such as accounting for a loss of sales.
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.
A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of anyexpress warranty or implied warranty, including the implied warranty of merchantability.
To sue for breach of contract, your attorney first has to show that an oral or written enforceable contract exists. To be enforceable, the agreement must have had: An offer ? by one party to perform an act or to refrain from performing the act. Acceptance ? of the offer by the other party.
How can I claim damages? To claim damages, you must prove a reasonable link between your loss and the breach of contract. When considering whether a reasonable link exists, the court will consider if the other party knew, when entering into the contract, that their breach was reasonably likely to result in such a loss.