South Carolina 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

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.

In South Carolina, a breach of contract is one party failing to perform his or her obligations ing to an agreement. From here, the law looks towards whether the breach was ?material?, which is defined as a substantial or serious breach that frustrates the entire purpose of the agreement.

Generally, a contract may be either oral or written. In some instances the law requires the contract to be in writing in order to be enforceable. For example, if an oral contract is incapable of performance within a year or if it is an oral contract for the sale of land, it is barred by the Statute of Frauds.

Contract actions in South Carolina are time-barred after three years has passed. S.C. Code Ann. § 15-3-530 provides that ?an action upon contract, obligation, or liability, express or implied?? must be brought within three years of the time the cause of action accrues.

South Carolina Bench Book for Summary Court Judges - Civil Section. A contract is defined generally as an agreement between two or more persons upon sufficient consideration either to do or not to do a particular act. Stated another way, there must be an offer and an acceptance accompanied by valuable consideration.

What a 'breach of contract' is. A contract of employment is a legally binding agreement between you and your employer. A breach of that contract happens when either you or your employer breaks one of the terms, for example your employer doesn't pay your wages, or you don't work the agreed hours.

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.

There are a number of ways in which a breach of contract might occur but the most common include: Failing to deliver services or goods. Failing to complete a job. Failing to pay in a timely manner. Providing services or goods that are subpar.

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South Carolina General Form of Complaint for Breach of Oral Contract