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.
Virginia General Form of Complaint for Breach of Contract
State:
Multi-State
Control #:
US-01135BG
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Word;
Rich Text
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How to fill out General Form Of Complaint For Breach Of Contract?
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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.
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.
The state of Virginia requires that in order to prove liability, the plaintiff must provide evidence that the other party failed to complete the terms of the contract. It is also important to understand the implied standard of good faith.
In Virginia, under the first material breach doctrine, if the initial breach by one party is material, the other party to the contract is excused from performing its contractual obligations.
A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this chapter or the agreement.
"The elements of a breach of contract action are (1) a legally enforceable obligation of a defendant to a plaintiff; (2) the defendant's violation or breach of that obligation; and (3) injury or damage to the plaintiff caused by the breach of obligation." Filak v. George, 267 Va.
The relevant criteria are: There is a legally binding contract. ... The other party has failed to perform their duties under the contract. ... You have suffered loss as a result of the breach. ... The breach occurred within the last 6 years. ... Collating and preserving evidence. ... Reserving your rights. ... Taking legal advice.
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.
