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.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Missouri General Form of Complaint for Breach of Oral Contract is a legal document used in the state of Missouri to initiate a lawsuit for a breach of an oral contract. This form is filed with the court and outlines the details of the contract, the breach, and the damages sought by the party filing the complaint. Keywords: Missouri, general form, complaint, breach, oral contract, lawsuit, court, details, damages. In the state of Missouri, there are two main types of general form complaints for breach of oral contracts that can be filed: 1. General Form of Complaint for Breach of Oral Employment Contract: This type of complaint is used when an oral contract between an employer and employee has been breached. It typically includes details such as the terms of the oral contract, the nature of the breach, and the damages sought by the employee. 2. General Form of Complaint for Breach of Oral Sales Contract: This form is utilized when a breach of an oral sales contract has occurred. It is commonly used in situations where one party fails to deliver goods or services as promised under the oral contract. The complaint will outline the terms of the agreement, the breach of contract, and the damages incurred by the aggrieved party. When drafting a Missouri General Form of Complaint for Breach of Oral Contract, it is crucial to provide accurate and specific information related to the contract and the breach. Key components to include in the complaint are: 1. Identification of the Parties: Clearly identify the names and addresses of both the plaintiff (the party filing the complaint) and the defendant (the party allegedly breaching the oral contract). 2. Contractual Details: Include the essential terms and conditions of the oral contract, such as the date, nature, and specific promises made between the parties. 3. Breach of Contract: Describe in detail how the defendant failed to fulfill their obligations as stated in the oral contract. Highlight any specific actions or events that led to the breach. 4. Damages: Explicitly state the damages suffered by the plaintiff as a result of the breach. These can include financial losses, lost opportunities, or any other harm caused by the defendant's failure to perform. 5. Prayer for Relief: Clearly specify the relief sought by the plaintiff, which could include compensation for damages, specific performance of the contract, or any other suitable remedy requested. It is crucial to consult an attorney or legal professional to ensure the accuracy and completeness of the Missouri General Form of Complaint for Breach of Oral Contract. This description is meant to provide an overview and not legal advice.