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Cause of Action?Breach of Contract (PLD-C-001(1)) Tells the court and the other side that you contend that the other side broke an agreement (breached a contract), and the specific details of the allegation. Must be attached to a Complaint form to use.
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.
The appropriate remedy depends on the terms of the contract, the nature of the breach, and the case's specific circumstances. Compensatory Damages. ... Specific Performance. ... Injunction. ... Rescission. ... Liquidated Damages. ... Nominal Damages.
A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations.
The plaintiff must prove several elements to obtain specific performance. First, the plaintiff must show that there is a valid and enforceable contract between the parties. Second, the plaintiff must demonstrate that they are ready, willing, and able to perform their obligations under that contract.
A Standard Clause providing model language that counsel can use in a complaint to plead a claim for common law breach of contract under California law.