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.
North Carolina General Form of Complaint for Breach of Contract
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Multi-State
Control #:
US-01135BG
Format:
Word;
Rich Text
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How to fill out General Form Of Complaint For Breach Of Contract?
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A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.
Compensatory damages (also called ?actual damages?) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.
There are four elements of a breach of contract claim: a valid contract, performance, breach, and damages.
In order to establish breach of contract, a plaintiff must establish: 1) a valid and enforceable contract; 2) performance by the plaintiff; 3) breach by the defendant; and 4) injury arising as a result of defendant's breach.
Tells the court and the other side that you are starting a lawsuit based on breach of contract or a similar theory, and the general allegations you are making against the other side.
How to File a Breach of Contract Lawsuit Determine whether you have a contract. See whether the other party has breached the contract. See if there is any way to settle out of court. Decide which county is the right place to file. File the petition and summons with the court clerk.
You must have clear evidence that the other party has not adhered to their duties under the contract. They may have failed to perform any of their duties, performed some but not all of their duties or performed poorly.
In most cases they will simply have to show that the other party was aware of the existence of the standard terms and conditions. Such evidence typically consists of correspondence referring to the standard terms and conditions or reference to them on order forms.