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Plaintiff, suing for breach of contract, must prove that the defendant indeed did breach the terms of their initial agreement. The plaintiff must have followed the contract themselves at all times. The plaintiff must have notified the defendant of the breach before proceeding with a lawsuit.
How to File a Breach of Contract Lawsuit Determine whether you have a contract. See whether the other party has breached the contract. See if there is any way to settle out of court. Decide which county is the right place to file. File the petition and summons with the court clerk.
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.
You must have clear evidence that the other party has not adhered to their duties under the contract. They may have failed to perform any of their duties, performed some but not all of their duties or performed poorly.
Here is a brief summary of the process: Determine whether you have a contract. See whether the other party has breached the contract. See if there is any way to settle out of court. Decide which county is the right place to file. File the petition and summons with the court clerk.
In order to state a breach of contract claim under New Hampshire law, a plaintiff must allege sufficient facts to show (1) that a valid, binding contract existed between the parties, and (2) that defendant breached the terms of the contract.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
Complaints should be addressed to: Office of the Attorney General, Consumer Protection and Antitrust Bureau, 33 Capitol Street, Concord, New Hampshire 03301. You may also download a complaint form or file a complaint online.