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 New Mexico General Form of Complaint for Breach of Contract is a legal document used to initiate a lawsuit against a party believed to have violated the terms of a contract in the state of New Mexico. This comprehensive form encompasses all the necessary information required to outline the plaintiff's claim and seek appropriate remedies for the breach. Keywords: New Mexico, general form, complaint, breach of contract, lawsuit, legal document, terms, plaintiff, claim, remedies. There are various types of complaint forms that fall under the New Mexico General Form of Complaint for Breach of Contract, depending on the specific circumstances and nature of the breach. Some common types include: 1. Complaint for Breach of Contract and Damages: This type of complaint seeks monetary compensation for the damages incurred as a result of the contract breach. It outlines the facts, the specific provisions of the contract violated, and the quantifiable losses suffered by the plaintiff. 2. Complaint for Specific Performance: In cases where monetary compensation may not adequately resolve the breach, this type of complaint requests the court to order the breaching party to perform their obligations as specified in the contract. It seeks to enforce the contractual terms rather than seeking monetary relief. 3. Complaint for Rescission: In certain situations, the innocent party may wish to cancel or rescind the contract due to the breach. This type of complaint asks the court to declare the contract null and void, returning both parties to their pre-contract positions. 4. Complaint for Injunctive Relief: In some instances, monetary compensation may not suffice to remedy the harm caused by the breach. A complaint requesting injunctive relief seeks a court order to restrain the breaching party from continuing certain actions or to compel them to perform specific duties outlined in the contract. 5. Complaint for Declaratory Relief: When there is uncertainty or a dispute regarding the interpretation or enforceability of certain contract terms, a complaint seeking declaratory relief requests the court to provide clarification on the rights, obligations, or legal status of the parties involved. These various types of complaint forms ensure that plaintiffs can specify the type of relief they seek based on the circumstances of the breach of contract. Each form will contain specific sections where the plaintiff can provide detailed facts, relevant contract provisions, damages incurred, and any other necessary information to support their claim.
