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.
The South Dakota General Form of Complaint for Breach of Oral Contract is a legal document used to file a lawsuit against someone who has breached an oral agreement or contract. This form is specific to cases in South Dakota and provides a template for individuals who wish to seek compensation or relief for a breach of an oral contract. Keywords: South Dakota, general form, complaint, breach of oral contract, lawsuit, legal document, compensation, relief. Types of South Dakota General Form of Complaint for Breach of Oral Contract: 1. Simple Breach: This type of complaint form is used when there is a straightforward breach of an oral contract without any additional complexities or special circumstances involved. It allows plaintiffs to outline the basic details of the oral agreement, identify the defendant, provide evidence of the breach, and explain the damages suffered. 2. Specific Performance: In certain cases, the plaintiff may prefer the court to enforce the oral contract rather than seeking monetary damages. This type of complaint form requests the court to order the defendant to fulfill their obligations as agreed upon in the oral contract through a remedy known as "specific performance." 3. Quantum Merit: If the plaintiff has completed their part of an oral contract, but the defendant has failed to compensate them as promised, a quantum meruit complaint form may be filed. This form seeks payment for the fair value of the plaintiff's services or goods provided based on the principle of unjust enrichment. 4. Promissory Estoppel: In situations where the defendant made a promise, on which the plaintiff relied, and suffered damages due to the defendant's breach, a promissory estoppel complaint form can be used. This form emphasizes the reliance and damages caused by the defendant's failure to fulfill their promise and seeks compensation accordingly. It is important to consult with a legal professional or attorney when using any complaint form, as specific details may vary depending on the case.
