New Jersey Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees

State:
Multi-State
Control #:
US-00758BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is a complaint for a breach of a written contract whereby attorney’s fees are required by the contract to be paid to the non-breaching party. The complaint 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 Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees
  • Preview Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees
  • Preview Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees

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FAQ

Courts have held, as a general rule, that punitive damages should not be awarded for breach of contract. 4.

Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.

Punitive damages are awarded in addition to compensatory damages. Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.

Four Types of Damages Available in a Breach of Contract Compensatory damages. Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised. Punitive damages. ... Nominal damages. ... Liquidated damages.

Compensatory damages, which are the most common type of remedy for breach of contract, covering the actual loss caused to the non-breaching party ? these damages can be viewed in terms of (1) expectation damages where the non-breaching party recovers monetary damages based on the contract itself or the market value; ...

There are five important types of damages that might be available, depending on your situation: compensatory damages, specific performance, an injunction, liquidated damages, or rescission. If you are dealing with a potential breach of contract, you probably need legal advice on what you should do next.

You need to sue the person or business who signed or entered into and then breached the contract. Generally, someone cannot sue a third party they do not have a contract with. Only the one who signed or entered into the agreement with you is responsible for the damages to you.

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New Jersey Complaint for Breach of Written Contract Seeking Damages and Attorneys Fees