North Carolina Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees
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How to fill out Complaint For Breach Of Written Contract Seeking Damages And Attorneys Fees?
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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.
State Law contract actions in North Carolina are subject to a three-year statute of limitations. However, the statute of limitations is four years if the action involves a contract for the sale of goods. The statute of limitations can be extended for as long as ten years if the contract is signed under seal.
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.
A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.
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.
What are the defenses to a contract? 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 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.