This form is a Complaint. The plaintiff requests relief from the court alleging that defendant was responsible for breach of contract and the implied covenant of good faith and fair dealing. Plaintiff requests that the defendant pay punitive damages and reasonable attorneys' fees.
Arizona Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
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How to fill out Complaint Regarding Breach Of Contract To Divide Estate Proceeds, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?
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Within contract law, promissory estoppel refers to the doctrine that a party may recover on the basis of a promise made when the party's reliance on that promise was reasonable, and the party attempting to recover detrimentally relied on the promise.
A breach is material if, as a result of the breaching party's failure to perform some aspect of the contract, the other party receives either nothing at all or something significantly different than what the contract specified.
There are a number of defenses available to argue that a contract should not be enforced: Lack of formation. Lack of capacity. Lack of consideration.
Remedies for Breach of Contract If a breach of contract occurs, then the injured party may be offered a remedy in the form of legal remedies, or money damages, equitable remedies, or restitution by Arizona courts.
Fraud can be loosely defined as a misrepresentation of a material fact. Other conceivable defenses to a contract claim could come in the form of duress, undue influence, impossibility, and frustration. Duress is simply a threat or perceived threat to induce a party to enter into a contract.
Common Defenses in Breach of Contract Cases In Writing. Some contracts, including those involving real property, are required to be in writing. ... Indefinite. ... Mistake. ... Lack of Capacity. ... Fraudulent Inducement. ... Unconscionable. ... Illegality. ... Duress.
Defenses that may excuse a breach of contract include duress, fraud and misrepresentation, mistake, lack of consideration and the statute of frauds.
The most common defenses to enforcement of a contract or liability for damages are: Enforcement of the contract would violate public policy. ... Performance of the contract has become impossible or the purpose of the contract has become frustrated. ... The contract is illegal. ... The contract lacks consideration.