Pennsylvania Sample Letter to Opposing Counsel in Breach of Contract Claim

State:
Multi-State
Control #:
US-0060LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Pennsylvania Sample Letter to Opposing Counsel in Breach of Contract Claim Dear [Opposing Counsel's Name], Re: [Your Client's Name] v. [Opposing Party's Name] — Breach of Contract Claim I hope this letter finds you well. I represent [Your Client's Name] in the above-mentioned matter and am I writing to discuss the breach of contract claim filed against your client, [Opposing Party's Name]. In accordance with the laws and regulations of the Commonwealth of Pennsylvania, we assert that our client and your client entered into a valid and enforceable contract on [Contract Date] for [Brief Contract Description]. Our client fulfilled all the agreed-upon obligations and has suffered significant harm and damages as a direct result of your client's failure to perform their obligations under the contract. It is essential to understand that Pennsylvania follows the objective theory of contracts, emphasizing the intent of the parties as reflected in the contract's words and provisions. We firmly believe that the language of the contract, as properly interpreted, overwhelmingly supports our client's position. We allege that your client's actions constitute a material breach of the contract, as defined by Pennsylvania laws. The breach includes, but is not limited to, [specific breaches]. This breach has caused our client to incur financial losses, damages to its reputation, and other adverse consequences. We kindly request that you thoroughly evaluate the merits of this claim and advise your client accordingly. It is our hope and intention to amicably resolve this matter without resorting to costly and protracted litigation. However, we are fully prepared to initiate legal proceedings to protect our client's rights and interests if a satisfactory resolution cannot be reached. We kindly request that, within [reasonable timeframe], you provide us with a detailed response addressing each alleged breach, your client's position on this matter, and any factual or legal defenses you seek to assert. Additionally, we ask that you promptly provide us with all relevant documents and communications pertaining to the contract. Our primary objective is to ensure the swift resolution of this dispute, but should negotiations fail, we are prepared to pursue all available legal remedies to protect our client's interests. We trust that you share this goal and are willing to engage in good-faith discussions toward reaching a fair and just resolution. Please consider this letter as an invitation to commence negotiations and encourage your client to seek legal advice to fully understand the potential consequences of their actions in light of Pennsylvania's laws on breach of contract. To facilitate further communications, I propose that we schedule a meeting or conference call at your earliest convenience. Please feel free to contact me via phone, [Your Phone Number], or email at [Your Email Address], to confirm your availability. Thank you for your attention to this matter. We look forward to hearing from you promptly so that we can move forward in a productive and responsible manner. Yours sincerely, [Your Name] [Your Law Firm's Name] [Your Law Firm's Address] [Your City, State, ZIP Code] [Date]

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FAQ

Contract is Overruled In Pennsylvania, three elements are necessary to properly plead a cause of action for breach of contract: "(1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resultant damages." CoreStates Bank, Nat'l Assn. v. Cutillo, 723 A.

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

Hear this out loud PauseIn Pennsylvania, three elements are necessary to properly plead a cause of action for breach of contract: "(1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resultant damages." CoreStates Bank, Nat'l Assn. v. Cutillo, 723 A.

Hear this out loud PauseThere are three major elements required for a breach of contract action in Pennsylvania: a valid, enforceable contract must exist; there must be a breach of a duty imposed by that contract; and this breach results in damages.

Hear this out loud PauseThere are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution.

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Pennsylvania Sample Letter to Opposing Counsel in Breach of Contract Claim