Plaintiff and defendant entered into a contract pertaining to consultant work. Plaintiff contends that defendant's actions in breaching the contract were intentional, willful, and in bad faith. Plaintiff argues that defendant is now liable for punitive damages. Plaintiff also requests compensation for emotional distress, anxiety, inconvenience, and expense from defendant.
Missouri Sample Complaint - Breach of Contract - Exploration and Consultant Agreement
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How to fill out Sample Complaint - Breach Of Contract - Exploration And Consultant Agreement?
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FAQ
There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.
A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations.
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.
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.
In an answer, you tell the court which parts of the plaintiff's claim are true and which are not. You can also bring up affirmative defenses. These are legal defenses which give you a good reason for not being held responsible for breaking the contract, either as a full defense or partial.
In each scenario, you're clearly the victim of an obviously broken contract, but the tricky part is determining what type if contract breach occurred and what remedies are legally available to you. Generally speaking, there are four types of contract breaches: anticipatory, actual, minor and material.
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.
Your answer to the plaintiff's complaint should include all legal and equitable affirmative defenses available to you based on the facts. Your response to the complaint must be thorough, as any available defenses not timely raised or properly alleged may be waived.
An award of compensatory damages is the most common of the legal remedies for breach of contract. The calculation of compensatory damages is based on the actual losses you have sustained as a result of the breach of contract. They typically fall into two categories: expectation damages and consequential damages.
A few common defenses to breach of contract used are the impossibility of performance and fraud in the inducement. Impossibility of performance means that one party could not complete their task or end of the deal due to an unforeseen circumstance. This could be an act of God, property destruction, or incapacity.