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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.
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.
Generally, the Rhode Island contract statute of limitations for breach of contract actions is ten (10) years, with the ten-year period starting to run when the breach of contract occurs. R.I.G.L. § 9-1-13.
The average time it takes to sell a house in Rhode Island is 71 days ? 36 days to get an offer and an additional 35 days to close.
Verbal contracts are binding, including in Rhode Island. However, certain types of contracts, or contracts for certain amounts, must be in writing. The requirement is called the Statute of Frauds. The Rhode Island Code § 9-1-4 addresses this:§ 9-1-4.
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.
In most cases they will simply have to show that the other party was aware of the existence of the standard terms and conditions. Such evidence typically consists of correspondence referring to the standard terms and conditions or reference to them on order forms.
In each scenario, you're clearly the victim of an obviously broken contract, but the tricky part is determining what type if contract breach occurred and what remedies are legally available to you. Generally speaking, there are four types of contract breaches: anticipatory, actual, minor and material.