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Pennsylvania Breach of Contract Questionnaire

Category:
Civil Actions - Breach of Contract
State:
Multi-State
Control #:
US-Q1004
Format:
Word; 
Rich Text
Instant download
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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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FAQ

The prove there has been a breach, the party first needs to prove the terms of the contract and then demonstrate the other side's non-performance of their obligations, he says.

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.

The prove there has been a breach, the party first needs to prove the terms of the contract and then demonstrate the other side's non-performance of their obligations, he says.

There 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.

Once the plaintiff proves that a valid contract existed, they must show that they upheld their part. After that, the plaintiff must show that the defendant did not fulfill their obligations. And finally there must be evidence of actual damages that the plaintiff suffered as a result.

These types of lawsuits are common in business litigation. There are four elements of a breach of contract claim: a valid contract, performance, breach, and damages.

There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.

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.

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