This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Kansas Complaint for Refusal to Pay Debt - Breach of Oral or Implied Contracts
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Multi-State
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US-01644BG
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How to fill out Complaint For Refusal To Pay Debt - Breach Of Oral Or Implied Contracts?
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FAQ
Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into ?he said, she said? situations, which can be more challenging to prove than cases with clearly defined terms on paper.
A verbal contract is a type of agreement (between two or more parties) that is made through spoken words rather than a written document. An example would be if you were at a yard sale and offered to buy a piece of furniture or an article of clothing for $100 and the yard sale host accepted your offer.
In Kansas, verbal agreements are generally enforceable, but that rule has some limitations and exceptions. Below, we explore the legal framework for verbal agreements in Kansas, the requirements for enforceability, which agreements must be in writing, and the circumstances in which oral contracts may be unenforceable.
The contract must be sufficiently definite and detailed as to what actions all parties are obligated to perform. The contract must also be adequate enough for a court to determine the purpose and intention of the parties in order for an oral contract to be enforced.
?The elements of a breach of contract claim are: (1) the existence of a contract between the parties; (2) sufficient consideration to support the contract; (3) the plaintiff's performance or willingness to perform in compliance with the contract; (4) the defendant's breach of the contract; and (5) damages to the ...