Plaintiff and defendant entered into a contract pertaining to consultant work. Plaintiff contends that defendant's actions in breaching the contract were intentional, willful, and in bad faith. Plaintiff argues that defendant is now liable for punitive damages. Plaintiff also requests compensation for emotional distress, anxiety, inconvenience, and expense from defendant.
New Mexico Sample Complaint - Breach of Contract - Exploration and Consultant Agreement
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US-01597
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How to fill out Sample Complaint - Breach Of Contract - Exploration And Consultant Agreement?
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FAQ
A material breach is a failure of performance that affects the purpose of the contract and makes it impossible for the non-breaching party to receive what was agreed to. For instance, if there is an agreement to buy a truck and the seller delivers a car, the buyer is excused from paying for the wrong vehicle.
In most courts, monetary damage awards are the most common remedy for contractual breaches, as specific performance and other equitable remedies may not fall within the jurisdiction of those courts.
In each scenario, you're clearly the victim of an obviously broken contract, but the tricky part is determining what type if contract breach occurred and what remedies are legally available to you. Generally speaking, there are four types of contract breaches: anticipatory, actual, minor and material.
6 Common Remedies for Breach of Contract in Business Compensatory Damages. An award of compensatory damages is the most common of the legal remedies for breach of contract. ... Specific Performance. ... Injunction. ... Rescission. ... Liquidated Damages. ... Nominal Damages.
There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.
Under this general definition, it doesn't matter whether the agreement was oral or written, if you do not perform your agreed upon term you are in breach of the contract. A legitimate legal excuse. If the any of the terms of the contract made the contract unenforceable, the party in breach may have a legal excuse.
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.
The basic breach of contract elements require you to prove: There was a valid contract; You performed your part of the contract; The defendant failed to perform their part of the contract; and. You sustained damages caused by the defendant's breach.