This form is a Complaint. Plaintiff brings an action against defendant for breach of contract and requests a monetary award, plus punitive damages.
Missouri Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
State:
Multi-State
Control #:
US-01598
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
Under Missouri law, the elements of tortious interference with a contract or business expectancy are (1) a contract or valid business expectancy, (2) defendant's knowledge of the contract or relationship, (3) an intentional interference by the defendant inducing or causing a breach of the contract or relationship, (4) ...
Generally, in a breach of contract petition, a Count for breach of the implied covenant of good faith and fair dealing will be included as a Count in the lawsuit (in the alternative or in conjunction). In Missouri, every contract includes an implied covenant of good faith and fair dealing.
There are four elements of a breach of contract claim: a valid contract, performance, breach, and damages.
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.
Every contract contains an implied covenant of good faith and fair dealing which prohibits any contracting party from injuring another party's right to receive the benefits of the agreement. Breach of this implied covenant creates a cause of action in contract.
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.
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.
