Nebraska General Form of Complaint for Breach of Oral Contract

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Multi-State
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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.

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  • Preview General Form of Complaint for Breach of Oral Contract

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FAQ

An action upon a contract, not in writing, expressed or implied, or an action upon a liability created by statute, other than a forfeiture or penalty, can only be brought within four years. R.S. 1867, Code § 11, p.

25-207. Actions for trespass, conversion, other torts, and frauds; exceptions.

Actions for libel, slander, malpractice, and recovery of tax. The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute.

In Nebraska, the statute of limitations on debt is five years for credit card, medical, student loan, auto loan, personal loan, mortgage debt as well as judgments. For debts resulting from an oral contract, the NE statute of limitations is four years.

No action at law or equity may be brought or maintained attacking the validity or enforceability of or to rescind or declare void and uncollectible any written contract entered into pursuant to, in compliance with, or in reliance on, a statute of the State of Nebraska which has been or hereafter is held to be ...

Oral agreement is not void unless its terms indicate that it is not to be performed within one year from the making thereof. Johnson v. First Trust Co., 125 Neb. 26, 248 N.W.

The elements of a cause of action for breach of contract are (1) the existence of a promise; (2) a breach of that promise; (3) damage; and (4) the promisee's compliance with any conditions precedent.

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Nebraska General Form of Complaint for Breach of Oral Contract