This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
North Carolina Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act
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US-000302
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How to fill out Complaint For Injunctive Relief And Damages For Breach Of Noncompetition Agreement - Breach Of Contract - Violation Of Trade Secrets Act?
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FAQ
The most common defenses to enforcement of a contract or liability for damages are: Enforcement of the contract would violate public policy. ... Performance of the contract has become impossible or the purpose of the contract has become frustrated. ... The contract is illegal. ... The contract lacks consideration.
North Carolina law affords the defendants numerous defenses in breach of contract actions. These include, but are not limited to, invalidity, statute of frauds, duress, unconscionability, fraud, mistake, and undue influence.
Legal Remedies: Compensatory damages are the most common recourse, where the party not in breach requests money to create the illusion of full contractual performance. The aggrieved party might also seek restitution, i.e., ?restoring? the parties to their pre-contractual positions.
In order to establish breach of contract, a plaintiff must establish: 1) a valid and enforceable contract; 2) performance by the plaintiff; 3) breach by the defendant; and 4) injury arising as a result of defendant's breach.
In order to establish breach of contract, a plaintiff must establish: 1) a valid and enforceable contract; 2) performance by the plaintiff; 3) breach by the defendant; and 4) injury arising as a result of defendant's breach.
North Carolina law affords the defendants numerous defenses in breach of contract actions. These include, but are not limited to, invalidity, statute of frauds, duress, unconscionability, fraud, mistake, and undue influence.
In order to prevail in a claim for unjust enrichment, you must prove the following: That the plaintiff did render a service. That this service had some value to the defendant, and. That at the time of the service, the plaintiff expected payment. ... The plaintiff's expectation of payment was reasonable.
North Carolina courts will enforce non-compete agreements only if they meet certain defined criteria. First, they must be in writing and part of an employment contract signed by both parties. You cannot be bound to a non-compete agreement by an oral agreement or by a unilateral communication.