This form is a Complaint for Breach of Contract. The plaintiff demands the following relief: trial by jury, an award of damages, reasonable attorney fees and costs, and other expenses which may be deemed just and proper.
Maryland Complaint regarding Breach of Contract for Actual Damages
State:
Multi-State
Control #:
US-M6793
Format:
Word;
Rich Text
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How to fill out Complaint Regarding Breach Of Contract For Actual Damages?
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FAQ
What Is Required to Prove Compensatory Damages? Causation: The defendant's breach must be the reason for the plaintiff's economic losses. ... Foreseeability: The losses must be foreseeable at the time of contract formation. ... Calculable: The losses must be quantifiable and able to be calculated into specific monetary amounts.
Calculation of Damages The value of the contract is total compensation the non-breaching party receives if the contract is performed. The second is identifying where the non-breaching party stands when the contract was breached. The third step is simply finding the difference between the two.
In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages.
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.
Compensatory damages are the most common measure of damages in a breach of contract case. These damages will put you in the same position as if the breach of contract never happened. Compensatory damages make you whole - or as close as possible, given your circumstances.
Proving damages Proving compensatory damages typically requires presenting documentation such as receipts, testimony from the plaintiff or other witnesses about the impact of the tort on the plaintiff's life, and, in some cases, expert testimony.
In order to show that the other party breached the contract, you must be able to show all of the following: a valid contract existed, you performed (or would have performed if not for the breach) your end of the contract while the other side did not perform, and that you suffered a loss as a result of the breach.