New Mexico Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
Compensatory damages (also called ?actual damages?) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.
The most common remedy is damages, where the court determines the damage that the breach of contract caused, and directs the party who breached the contract to pay a sum of money. In some circumstances, the court will make an order for specific performance.
No matter how mean your landlord was to you about getting your deposit back, no matter how much sleep you lost when your contractor abandoned the job, no matter how sick to your stomach you became when your insurance company denied your claim, you simply cannot recover for emotional damages in California when someone ...
Under New Mexico law, a plaintiff can win a tortious interference claim even if the defendant's behavior does not completely interfere with a prospective or existing contract if the defendant's behavior ?cause[s] the plaintiff's performance to be more expensive or burdensome.?
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
In New Mexico, there is an independent claim for intentional infliction of emotional distress (IIED).
Such contracts are agreements to pay money upon the occurrence of a specified event. Mental distress damages do not flow from the breach of such contracts. They are not ?personal.?
A material breach occurs when one of the parties fails to perform a clause within the contract, or the whole of the contract, such that the other party never receives the goods or services promised or receives goods or services that are significantly different than those promised in the contract.