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Virginia General Form of Complaint for Breach of Oral Contract

Category:
Civil Actions - Complaints - Breach of Contract
State:
Multi-State
Control #:
US-02166BG
Format:
Word; 
Rich Text
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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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  • Preview General Form of Complaint for Breach of Oral Contract
  • Preview General Form of Complaint for Breach of Oral Contract

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How to fill out General Form Of Complaint For Breach Of Oral Contract?

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FAQ

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.

Sometimes individuals or even businesses agree to enter into a contract orally. These agreements are generally enforceable in Virginia as long as they contain the basic terms of a contract: offer, acceptance, and consideration.

You may be sure you have an air-tight case, and you may be right, but a winning breach of contract lawsuit has four factors. Factor #1: A Well Written Contract. ... Factor #2: A Clear and Obvious Breach. ... Factor #3: Substantial and Identifiable Damages. ... Factor #4: A Defendant with Deep Pockets.

The statute of limitations for contracts in writing is five years. (Refer to §8.01-246(2).) The statute of limitations for oral contracts is three years.

The basic breach of contract elements require you to prove: There was a valid contract; You performed your part of the contract; The defendant failed to perform their part of the contract; and. You sustained damages caused by the defendant's breach.

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.

Include references to the terms that were breached, quoting relevant sections of the contract, and detail how the other party was in breach of said term(s). List the responsibilities and obligations you deem to be unmet, and explain how the other party is in breach of them.

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.

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