Pennsylvania General Form of Complaint for Breach of Oral Contract

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Multi-State
Control #:
US-02166BG
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Word; 
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Description

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 following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Tells the court and the other side that you challenge the Complaint-Contract, and what defenses you might raise. Get form PLD-C-010. Effective: January 1, 2007.

Cause of Action?Common Counts (PLD-C-001(2)) Tells the court and the other side that you contend that the other side owes you money based on one or more of several common business practices.

Tells the court and the other side that you are starting a lawsuit based on breach of contract or a similar theory, and the general allegations you are making against the other side.

Three Components to a Breach of Contract Lawsuit A valid contract must be present; whether oral or legal, must have some method of enforcement. Material violation of contract terms; more than minor infraction or shortcoming. Damages or losses must be proved with reasonable certainty; not always monetary losses.

A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue. example: unpaid loan.

Under Pennsylvania law, parties asserting claims for breach of contract must allege the following three elements: ?(1) the existence of a contract, including its essential terms; (2) a breach of duty imposed by the contract; and (3) resultant damages.? Alpart v. Gen. Land Partners, Inc., 574 F. Supp.

Generally, a contract is valid whether it is made orally or in writing. However, certain types of contracts must be in writing. In those situations, courts will not enforce those contracts if the parties only agreed verbally and did not write anything down.

Common counts This claims that you received statements saying you owed a certain amount, and that you did not dispute the amount. The Plaintiff alleges that it gave money to you, which needs to be repaid.

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Pennsylvania General Form of Complaint for Breach of Oral Contract