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.
Florida General Form of Complaint for Breach of Oral Contract is a legal document used in Florida to initiate a lawsuit seeking remedy for a breach of an oral contract. This complaint is specifically designed for cases where the contract was not in writing and the parties engaged in an agreement purely based on an oral understanding. The purpose of the Florida General Form of Complaint for Breach of Oral Contract is to clearly outline the facts and the alleged breach of contract, establish jurisdiction of the court, and present the plaintiff's demand for compensation or specific performance. Key elements typically included in the Florida General Form of Complaint for Breach of Oral Contract are: 1. Caption: The document begins with the caption stating the name of the court, the parties involved (plaintiff and defendant), case number, and the title "Complaint for Breach of Oral Contract." 2. Introduction: The introduction succinctly identifies the plaintiff and defendant, stating their legal names and addresses, establishing their roles in the contract, and providing any necessary background information about the relationship or transaction. 3. Jurisdiction and Venue: This section explains why the chosen court has jurisdiction over the case and specifies the appropriate venue according to Florida law. 4. Breach of Oral Contract: The complaint will describe in detail the terms of the oral contract, including what each party agreed to do. It will then explain how the defendant violated or failed to fulfill their obligations, constituting a breach of contract. The plaintiff may include specific dates, events, and communications relevant to the breach. 5. Damages and Relief Sought: The document should clearly state the damages suffered by the plaintiff as a result of the breach. This may include financial losses, costs incurred, or other damages directly resulting from the defendant's actions. The plaintiff should also clearly specify the type of relief sought, such as monetary compensation or specific performance. 6. Prayer for Relief: The complaint concludes with a "prayer for relief," where the plaintiff formally requests the court to grant the desired remedy. This section may also include a request for attorney's fees and any other relief deemed appropriate by the court. It is important to note that the Florida General Form of Complaint for Breach of Oral Contract may encompass different types of oral contract disputes, but the specific details will vary case by case. Some common additional types of this complaint include: 1. Complaint for Breach of Oral Employment Contract: In cases where the breach of an oral agreement occurs within an employment relationship. 2. Complaint for Breach of Oral Real Estate Contract: When an oral contract related to real estate is breached, potentially involving lease agreements, property sales, or construction projects. 3. Complaint for Breach of Oral Service Agreement: If an individual or business fails to perform services as agreed upon in an oral contract. Remember, consulting an attorney or legal expert is advised to ensure the complaint is tailored to the specific circumstances of your case and adheres to all relevant Florida laws and regulations.
