This form is a Complaint for Breach of Contract. The plaintiff demands the following relief: trial by jury, an award of damages, reasonable attorney fees and costs, and other expenses which may be deemed just and proper.
Missouri Complaint regarding Breach of Contract for Actual Damages
State:
Multi-State
Control #:
US-M6793
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Breach Of Contract For Actual Damages?
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FAQ
The most common remedy is damages, where the court determines the damage that the breach of contract caused, and directs the party who breached the contract to pay a sum of money. In some circumstances, the court will make an order for specific performance.
Amount in Controversy A breach of contract claim seeking $5,000.00 or less may be filed in a Missouri small claims court.
What Is Required to Prove Compensatory Damages? Causation: The defendant's breach must be the reason for the plaintiff's economic losses. ... Foreseeability: The losses must be foreseeable at the time of contract formation. ... Calculable: The losses must be quantifiable and able to be calculated into specific monetary amounts.
The relevant criteria are: There is a legally binding contract. ... The other party has failed to perform their duties under the contract. ... You have suffered loss as a result of the breach. ... The breach occurred within the last 6 years. ... Collating and preserving evidence. ... Reserving your rights. ... Taking legal advice.
The damages are measured by the difference between the contract price and the market price when the seller provides the goods, or when the buyer learns of the breach.
If you are running a business, you may end up in a dispute regarding a breach of your contract. This can sometimes end up in a court case, where a judge will make an award for damages in your favour. This article will explain some of the different types of damages that you can expect if you take your case to court.
In the case of the sale of goods, where the breach consists of the seller's failure to deliver those goods, the buyer is entitled to the cost of obtaining substitute goods which means that the measure of damages will be the difference between the contract price and the market price of the goods actually obtained.