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 York General Form of Complaint for Breach of Contract is a legal document used in the State of New York to initiate a lawsuit when there has been a breach of contract. This form enables individuals or businesses to seek legal remedies and hold the breaching party accountable for their actions. It is crucial to provide a detailed description of the alleged breach while using appropriate legal language and relevant keywords. The New York General Form of Complaint for Breach of Contract typically includes the following information: 1. Title: The form must be titled as "Complaint for Breach of Contract" and should include the names of the plaintiff(s) and defendant(s). 2. Parties: Clearly state the full legal names, addresses, and contact information of both the plaintiff(s) and defendant(s). If the defendant is a business entity, provide their registered name and address. 3. Jurisdiction and Venue: Specify the court in which the complaint is being filed and the appropriate jurisdiction. Make sure to mention that the court has subject jurisdiction over the dispute and is the proper venue for the lawsuit. 4. Contract Details: Provide a detailed description of the contract in question, including the date of its formation, its terms, and any relevant conditions or obligations of each party under the contract. Include specific references to the relevant sections or provisions if possible. 5. Breach of Contract Allegations: Clearly state the specific actions or failures to act that constitute the breach of contract. Provide a comprehensive account of the events leading up to the breach, including dates, locations, correspondence, and any relevant documentation. 6. Damages: Explain the damages suffered as a result of the breach of contract. This may include financial losses, reputational damage, or any other relevant harm caused by the breaching party's actions. 7. Legal Claims: Outline the legal claims being made against the breaching party, such as breach of contract, specific performance, or damages. It may also be necessary to include any applicable statutory or common law provisions supporting the claim. 8. Relief Sought: Clearly state the remedy or relief being sought by the plaintiff(s). This could include monetary compensation, injunctions, specific performance of the contract, or any other appropriate relief under the circumstances. Different Types of New York General Form of Complaint for Breach of Contract: While there may not be different specific forms for breach of contract in New York, various varieties of breaches can occur. Examples include anticipatory breach (when one party announces the intention not to fulfill their obligations prior to the contract's performance), material breach (when a significant and essential part of the contract is violated), or fundamental breach (when a party's actions go against the fundamental purpose of the contract). The New York General Form of Complaint for Breach of Contract can be adapted to address these different types of breaches by tailoring the detailed description of the alleged breach according to the circumstances and specific legal causes of action relevant to each case.
