North Carolina General Form of Complaint for Breach of Oral Contract

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US-02166BG
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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.

The North Carolina General Form of Complaint for Breach of Oral Contract is a legal document used to initiate a lawsuit against a party who has breached an oral contract in the state of North Carolina. This form serves as a template for individuals seeking to assert their rights and claim damages in cases where an agreement was made verbally rather than in writing. The key keywords to include in the content are as follows: 1. North Carolina: The form is specific to the state of North Carolina, which means it adheres to the laws and regulations governing contract breaches in this particular jurisdiction. 2. General Form: This implies that the document is a standard template that can be used for any breach of an oral contract in North Carolina, irrespective of the specific terms or conditions of the contract. 3. Complaint: The North Carolina General Form of Complaint for Breach of Oral Contract is essentially a legal complaint submitted by the plaintiff to the court, stating the facts of the case, the breach of contract, and the damages sought. 4. Breach of Oral Contract: This indicates that the specific cause of action alleged in the complaint is a breach of an oral contract rather than a written one. It implies that the parties involved had reached an agreement verbally but did not put it in writing. The North Carolina General Form of Complaint for Breach of Oral Contract may not have different types itself, as it serves as a standardized template applicable to any case involving a breach of an oral contract in North Carolina. However, there may be specific variations or modifications that individuals can make to the form, depending on the unique circumstances or specific requirements of their case. It is essential to consult an attorney or legal professional to ensure the form is properly filled out and tailored to the individual's specific situation.

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FAQ

Tells the court and the other side that you challenge the Complaint-Contract, and what defenses you might raise. Get form PLD-C-010. Effective: January 1, 2007.

Common counts This claims that you received statements saying you owed a certain amount, and that you did not dispute the amount. The Plaintiff alleges that it gave money to you, which needs to be repaid.

Tells the court and the other side that you are starting a lawsuit based on breach of contract or a similar theory, and the general allegations you are making against the other side.

A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue. example: unpaid loan.

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.

Cause of Action?Common Counts (PLD-C-001(2)) Tells the court and the other side that you contend that the other side owes you money based on one or more of several common business practices.

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.

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.

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If you would like to file a complaint via hard copy, please call us on our consumer assistance line at (919) 716-6000, and we will mail you a complaint form. Consult the rules and caselaw that govern in the court where you are filing the pleading. Examples Only. The forms do not try to address or cover all the ...The purpose of this form is to provide a structured template for plaintiffs to outline the details of the oral contract, describe how the defendant breached the ... – There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a crossclaim, if the answer contains a crossclaim; a ... § 75-2. Any restraint in violation of common law included. Any act, contract, combination in the form of trust, or conspiracy in restraint of trade or commerce ... In their Amended Complaint, Plaintiffs seek a declaration: (1) that the oral agreement between the parties is a valid and enforceable contract for the purpose. (Offer and Acceptance. An "offer" is an expression of willingness to do or refrain from doing a particular thing. There is no requirement that the offer. Dec 7, 2018 — a valid breach of contract claim, the Court notes that North ... specific written contract in the Complaint, North Carolina has long recognized ... by MH Brinkley · Cited by 16 — A survey conducted in a law firm database of thirty randomly selected form agreements covering a wide array of factual circumstances failed to ... On appeal, Plaintiffs argue the trial court erred in dismissing their Complaint because they sufficiently pled: (1) the existence of an oral contract and a ...

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North Carolina General Form of Complaint for Breach of Oral Contract