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.
Massachusetts 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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There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.
Four Types of Damages Available in a Breach of Contract Compensatory damages. Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised. Punitive damages. ... Nominal damages. ... Liquidated damages.
The covenant is breached when one side is ?ignoring and declining to honor? clear, rational, and good faith efforts?to resolve the contractual relationship between the parties.? Id. 189.
If a breach has occurred, the aggrieved party may be able to pursue the following remedies: Lawsuit for damages. This is arguably the most common remedy for a breach of contract. ... Mechanic's lien. ... Lawsuit for specific performance. ... Rescission. ... Reformation. ... Alternative dispute resolution (ADR) ... Negotiations.
The plaintiff in a breach of contract case must prove that the defendant failed to perform in ance with the contract, and must do so with "substantial certainty" in identifying the term that was breached. The plaintiff must also prove that the breach created actionable damages.