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.
Missouri General Form of Complaint for Breach of Contract
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Multi-State
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US-01135BG
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How to fill out General Form Of Complaint For Breach Of Contract?
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FAQ
55.34. (a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.
A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.
Essentials Necessary to File a Breach of Contract A contract and terms are in existence. The plaintiff performed or tendered performance pursuant to the contract. There has been a breach of contract by the defendant. The plaintiff has suffered damages.
The appropriate remedy depends on the terms of the contract, the nature of the breach, and the case's specific circumstances. Compensatory Damages. ... Specific Performance. ... Injunction. ... Rescission. ... Liquidated Damages. ... Nominal Damages.
There are four elements of a breach of contract claim: a valid contract, performance, breach, and 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.
A breach of contract claim seeking $5,000.00 or less may be filed in a Missouri small claims court. Missouri associate circuit court cases are limited to claims of $25,000.00 or less, and all other breach of contract claims filed in a Missouri state court must be filed in the circuit court.