This form is a Complaint. Plaintiff brings an action against defendant for breach of contract and requests a monetary award, plus punitive damages.
Alameda California Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
State:
Multi-State
County:
Alameda
Control #:
US-01598
Format:
Word;
Rich Text
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How to fill out Complaint Regarding Breach Of Contract, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?
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FAQ
One type of breach which the courts have recognized as being both a breach of contract and a tort is the breach of the implied duty of good faith and fair dealing. 5 California first recognized this tortious breach of the covenant of good faith and fair dealing in insurance contracts.
Traders & General Insur- ance Co.,20 the California Supreme Court recognized that breach of the implied covenant of good faith and fair dealing in insurance contracts could constitute a tort.
Breach of contract is not an equitable remedy. If one has a breach of contract claim, then you cannot typically file an accompanying promissory estoppel claim. Specifically, promissory estoppel is not available when an unambiguous contract exists that covers the issue for which damages are sought.
An agreement made by promissory estoppel will typically have the same binding effects on parties that a valid contract would. If a party breaches an obligation created by promissory estoppel, a court can choose to assign either reliance damages or expectation damages.
In a promissory estoppel case, the court in its discretion can award either detrimental reliance damages or expectation damages (including specific performance), whichever it determines better avoids injustice.
To state a claim for breach of the implied covenant of good faith and fair dealing, a plaintiff must generally plead: (1) the existence of a contractual relationship between the plaintiff and defendant, (2) plaintiff's performance (or excuse from performance) of its obligations under the contract; (3) that the
Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.
Breach of contract is not an equitable remedy. If one has a breach of contract claim, then you cannot typically file an accompanying promissory estoppel claim. Specifically, promissory estoppel is not available when an unambiguous contract exists that covers the issue for which damages are sought.
Compensatory Damages Damages for breach of implied covenant of good faith and fair dealing are limited to damages which might reasonably be foreseen by the parties and exclude punitive damages, pain and suffering and/or medical damages. (Quigley v. Pet (1984) 162 Cal.
There cannot be a written contract, for there to be promissory estoppel. Although you can sue for both, ultimately, a Plaintiff in a court case will have to choose between estoppel or breach of contract if there is a written agreement.