Subject: Breach of Contract Claim in Hawaii — Request for Cooperation and Resolution [Your Name] [Your Title] [Your Law Firm] [Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Title] [Opposing Counsel's Law Firm] [Address] [City, State, ZIP] Dear [Opposing Counsel's Name], Re: Breach of Contract Claim — Request for Cooperation and Resolution I hope this letter finds you well. I am writing to you as the representative of [Your Client's Name], regarding our ongoing breach of contract dispute that has arisen in the beautiful state of Hawaii. We firmly believe that engaging in open and constructive communication can be the key to resolving this matter efficiently and avoiding prolonged litigation. [Include a paragraph specific to your case detailing the relevant facts and contractual obligations that have been breached.] We understand that our clients have conflicting interests and viewpoints in this dispute, which led us to engage in extensive negotiations. Despite our sincere efforts, we have yet to achieve a mutually agreeable resolution. Recognizing the time and cost implications associated with protracted litigation, we propose that both parties collaborate to explore alternative dispute resolution methods, such as mediation or arbitration. Hawaii's legal system encourages parties to engage in mediation and other informal dispute resolution processes to facilitate a fair and just resolution. Utilizing these methods not only promotes efficiency but also allows for more flexible and creative solutions that can accommodate the unique circumstances of our case. Should you agree to consider mediation, we are open to discussing potential mediators with you, as well as the time and location that would be most convenient for all parties involved. We believe that this approach would not only be cost-effective but also demonstrate our commitment to reaching a reasonable and practical resolution. In the event that mediation does not yield the desired outcome, we suggest engaging in a formal arbitration process. By mutually selecting a neutral arbitrator, we can present our respective arguments and evidence in a more expedited manner, saving valuable time and resources. This process would also allow us to maintain privacy, as arbitration proceedings are generally confidential. Please be aware that our aim is not to prolong this dispute but to find an amicable resolution that serves the best interests of our clients. We trust that you share our commitment to efficient case management and cost-effectiveness. We therefore kindly request your prompt response to this proposal so that we may proceed accordingly. Thank you for your attention to this matter. I look forward to receiving your response by [deadline — generally 14 days from the date of this letter]. Should you have any questions or require further information, please do not hesitate to contact me directly at [your phone number] or via email at [your email address]. Yours sincerely, [Your Name] [Your Title] [Your Law Firm]
Hawaii Sample Letter to Opposing Counsel in Breach of Contract Claim
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How to fill out Sample Letter To Opposing Counsel In Breach Of Contract Claim?
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FAQ
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.
Hawaii Civil Statute of Limitations Laws: At a Glance Injury to PersonTwo years (H.R.S. § 657-7)TrespassTwo years (H.R.S. § 657-7)Collection of RentsSix years (H.R.S. § 657-1)ContractsWritten: Six years (H.R.S. § 657-1) Oral: Six years (H.R.S. § 657-1)Collection of Debt on AccountSix years (H.R.S. § 657-1)5 more rows
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.
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.
Your answer to the plaintiff's complaint should include all legal and equitable affirmative defenses available to you based on the facts. Your response to the complaint must be thorough, as any available defenses not timely raised or properly alleged may be waived.
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.
Include references to the terms that were breached, quoting relevant sections of the contract, and detail how the other party was in breach of said term(s). List the responsibilities and obligations you deem to be unmet, and explain how the other party is in breach of them.
What is a Letter Before Action? A Letter Before Action is the last step in your attempts to resolve a contractual dispute informally and the first step towards formal dispute resolution. It sets out your claim and provides the party in breach with a firm timeframe to respond and remedy the situation.
