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 West Virginia General Form of Complaint for Breach of Oral Contract is a legal document used to formally file a complaint when a breach of an oral contract has occurred within the jurisdiction of West Virginia. This complaint serves as a starting point for initiating a lawsuit against the party who failed to fulfill the terms of the oral agreement. Key elements typically included in the West Virginia General Form of Complaint for Breach of Oral Contract are as follows: 1. Heading and Caption: The complaint begins with the court's name, the county where the complaint is filed, the parties involved (plaintiff and defendant), and the case number. 2. Nature of the Action: The plaintiff states that the action is for a "breach of oral contract," indicating that an agreement was made verbally between the parties involved, and the defendant failed to honor its terms. 3. Jurisdiction and Venue: This section explains why the lawsuit falls under the jurisdiction of the specified court and determines that the chosen county is the appropriate venue for resolving the dispute. 4. Parties: The plaintiff is identified by name and address, as well as the defendant's name and relevant contact information. It is crucial to accurately identify the parties involved to ensure proper legal proceedings. 5. Facts: The plaintiff describes the oral contract's details, including the specific terms, conditions, and obligations agreed upon by the parties. The complaint should provide a clear narrative of the events leading to the breach, along with any supporting evidence or relevant dates. 6. Breach of Contract: This section outlines how the defendant failed to meet their obligations under the oral contract, illustrating how their actions or lack thereof constituted a breach. Examples could include non-payment, non-performance, or violation of specific terms agreed upon. 7. Damages: The plaintiff must outline the damages suffered as a result of the breach. This can include financial losses, lost opportunities, or any other negative consequences directly resulting from the defendant's actions. 8. Prayer for Relief: The complaint concludes with a prayer for relief, which states the specific remedies the plaintiff seeks from the court. This could include compensatory damages, punitive damages, specific performance of the contract, or any other appropriate relief. It is important to note that while the West Virginia General Form of Complaint for Breach of Oral Contract provides a general template, the content and available remedies may vary depending on the specific circumstances of each case. Different variations or specific forms, such as a verified complaint, may also be available within the jurisdiction. It is advisable to consult with an attorney or legal professional to ensure accurate completion of the complaint form based on the unique aspects of the breach of oral contract case being pursued.
