North Carolina General Form of Complaint for Breach of Oral Contract

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Multi-State
Control #:
US-02166BG
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Word; 
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Description

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.

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FAQ

Tells the court and the other side that you challenge the Complaint-Contract, and what defenses you might raise. Get form PLD-C-010. Effective: January 1, 2007.

Common counts This claims that you received statements saying you owed a certain amount, and that you did not dispute the amount. The Plaintiff alleges that it gave money to you, which needs to be repaid.

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.

A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue. example: unpaid loan.

What are the defenses to a contract? North Carolina law affords the defendants numerous defenses in breach of contract actions. These include, but are not limited to, invalidity, statute of frauds, duress, unconscionability, fraud, mistake, and undue influence.

Cause of Action?Common Counts (PLD-C-001(2)) Tells the court and the other side that you contend that the other side owes you money based on one or more of several common business practices.

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.

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.

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North Carolina General Form of Complaint for Breach of Oral Contract