Missouri General Form of Complaint for Breach of Oral Contract

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Multi-State
Control #:
US-02166BG
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Word; 
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Description

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.

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How to fill out General Form Of Complaint For Breach Of Oral Contract?

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FAQ

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.

Generally, a verbal contract is binding in Missouri. However, there are certain circumstances in Missouri when a verbal contract is not enforceable. Those circumstances are described in Missouri's ?statute of frauds?.

If a person does not fulfill their part of the verbal contract, there may be grounds to sue?but it will depend on the overall nature of the agreement and stipulations involved. If you believe another party violated your valid verbal contract, do not hesitate to get legal help you can trust.

Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into ?he said, she said? situations, which can be more challenging to prove than cases with clearly defined terms on paper.

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.

What is required for the creation of a legally enforceable contract? For a contract to be legally enforceable, there must be an offer to enter into the contract, an acceptance of the same offer, and an exchange of ?consideration.? These three ?elements? are required for a legally enforceable contract to be created.

Under contract law, a breach occurs when a (1) party is under an absolute duty to perform, this (2) absolute duty of performance has not been discharged, and there is a (3) failure to perform in ance with the contract's terms.

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Missouri General Form of Complaint for Breach of Oral Contract