Wisconsin Sample Letter to Client with Case Update - Breach of Contract Litigation
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FAQ
To prove the typical breach of contract claim, the plaintiff must show that a valid contract existed, the plaintiff lived up to their side of the agreement, the defendant breached the agreement, and the plaintiff experienced damages as a direct result.
The opening paragraph states the legal issue the letter is addressing followed by the facts, a discussion of the law as it applies to the facts and a conclusion which is essentially the advice to the client. Often attorneys include headings to lead the client through this process to arrive at the same conclusion.
Specific Performance Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
Notice of Breach: What to Include Make the date clear. ... Check the notice clause. ... Describe the breach. ... Make sure it's a "material" breach. ... Offer a "cure." In some cases, it may be too late to fix the problem. ... Avoid an emotional tone. ... Try to work it out.
What To Do Next Discuss the matter with the other party. In many situations, the other party may not know that they breached the contract. ... Understand your time limits. If you cannot reach a resolution by talking to the other party, you may need to take legal action to obtain relief. ... Calculate your losses. ... Try mediation.
A few common defenses to breach of contract used are the impossibility of performance and fraud in the inducement. Impossibility of performance means that one party could not complete their task or end of the deal due to an unforeseen circumstance. This could be an act of God, property destruction, or incapacity.
If served with a complaint for breach of contract, simply denying the plaintiff's allegations may not be enough to obtain a favorable outcome. Your answer to the plaintiff's complaint should include all legal and equitable affirmative defenses available to you based on the facts.
How to Write Step 1: Include Party Information. Contract demand letters should include the parties' names, addresses, phone numbers, and other relevant details. ... Step 2: Add Details About the Breach. ... Step 3: List Potential Cures. ... Step 4: Warn of Potential Remedies. ... Step 5: Sign the Letter.
