Oregon Breach of Contract Questionnaire

State:
Multi-State
Control #:
US-Q1004
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a breach of contract matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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How to fill out Breach Of Contract Questionnaire?

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FAQ

Super. LEXIS 3008 at *5 (?The key elements of a breach of contract action are: (1) the formation of an agreement; (2) performance by one party; (3) breach of the agreement by the other party and (4) damages.?). Del. Yes Not a Separate Element Yes Yes Winston v.

Breach of contract lawsuits are generally handled by your county civil court. In some cases involving parties from different states, you may be able to sue in federal court if the dispute is over a particular amount.

The lawsuit must be filed in the Circuit Court of the county where the work was performed. (ORS 14.080) ? Most Circuit Court cases are handled by attorneys. Your attorney may advise you of additional costs or other fees.

Appropriate remedies for breach of contract in Oregon are; Legal Remedies: Some contracts incorporate a liquidated damages clause stating how much damages are to be accepted once there is a breach of contract. Legal remedies could be restitution, liquidated damages, or compensatory damages.

You will need certain required documents for your complaint. A Completed Breach of Contract Complaint form. A copy of the pre-complaint notice sent to the contractor. A copy of the post office receipt showing that you sent the notice by certified mail. All documentation showing a contractual relationship.

You begin by filing a complaint in the appropriate civil court. A complaint is a technical legal document that describes the problem and explains the case to the judge and the other party. The complaint must then be served, i.e., delivered to the defendant.

A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.

There are four elements of a breach of contract claim: a valid contract, performance, breach, and damages.

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Oregon Breach of Contract Questionnaire