Michigan Breach of Contract Questionnaire

State:
Multi-State
Control #:
US-Q1004
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a breach of contract matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

The Michigan breach of contract statute of limitations gives you six years to file most breach of contract claims.

Generally speaking, breach of contract claims must be brought within 6 years from the date of the breach. This is extended to 12 years if the contract is executed as a deed. A deed is a contract with more onerous execution requirements and is required by law in some circumstances, such as for the sale of land.

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.

Michigan's civil statute of limitations allows: Three years for personal injuries. Up to six years for fraud, trespassing, collection of rent, contracts, and debt collection. Ten years for judgments.

The Law Regarding Breach of Contract ?A party asserting a breach of contract must establish that (1) there was a contract (2) which the other party breached (3) thereby resulting in damages to the party claiming the breach.? Miller-Davis Co v Ahrens Const, Inc, 495 Mich 161, 178 (2014).

The Law Regarding Breach of Contract ?A party asserting a breach of contract must establish that (1) there was a contract (2) which the other party breached (3) thereby resulting in damages to the party claiming the breach.? Miller-Davis Co v Ahrens Const, Inc, 495 Mich 161, 178 (2014).

For Michigan's most serious felonies, including first-degree criminal sexual conduct (rape), terrorism, murder and solicitation to commit murder, no statute of limitations exists. This means that charges may be brought years even decades after a crime has occurred.

The other party has failed to perform their duties under the contract. You must have clear evidence that the other party has not adhered to their duties under the contract. They may have failed to perform any of their duties, performed some but not all of their duties or performed poorly.

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Michigan Breach of Contract Questionnaire