North Carolina Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
In North Carolina, severe emotional distress requires more than the normal level of fear, regret and disappointment. The plaintiff must be able to prove that they suffer from a severe and disabling emotional disorder such as chronic depression, anxiety, neurosis, psychosis and phobia.
To succeed in an NIED claim in North Carolina, the plaintiff, or injured person or their estate, must prove: The defendant behaved negligently. It was reasonably foreseeable that such behavior would cause severe emotional distress to the plaintiff. The conduct actually did cause the plaintiff severe emotional distress.
No matter how mean your landlord was to you about getting your deposit back, no matter how much sleep you lost when your contractor abandoned the job, no matter how sick to your stomach you became when your insurance company denied your claim, you simply cannot recover for emotional damages in California when someone ...
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.
Such contracts are agreements to pay money upon the occurrence of a specified event. Mental distress damages do not flow from the breach of such contracts. They are not ?personal.?
Compensatory damages (also called ?actual damages?) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
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.