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Missouri Breach of Contract Questionnaire

Category:
Civil Actions - Breach of Contract
State:
Multi-State
Control #:
US-Q1004
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a breach of contract matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

The Four Elements of a Breach of Contract Claim There was a valid contract; You performed your part of the contract; The defendant failed to perform their part of the contract; and. You sustained damages caused by the defendant's breach.

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.

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.

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.

A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations.

Expectation damages can be calculated by comparing: the financial position that the claimant would have been in absent any breach (i.e., if the respondent had performed the contract) (the 'but-for position'); and. the financial position the claimant is actually in given the effects of the breach (the 'actual position').

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