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.
Pennsylvania General Form of Complaint for Breach of Contract
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Multi-State
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US-01135BG
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Word;
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How to fill out General Form Of Complaint For Breach Of Contract?
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You may request a Statement of Complaint Form by mail, by calling the Professional Compliance Office Hotline at 1-800-822-2113 (if you are calling from within Pennsylvania) or at 1-(717) 783-4849 (if you are calling from outside Pennsylvania).
Three Components to a Breach of Contract Lawsuit A valid contract must be present; whether oral or legal, must have some method of enforcement. Material violation of contract terms; more than minor infraction or shortcoming. Damages or losses must be proved with reasonable certainty; not always monetary losses.
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.
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.
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.
There are three major elements required for a breach of contract action in Pennsylvania: a valid, enforceable contract must exist; there must be a breach of a duty imposed by that contract; and this breach results in damages.
Contract is Overruled In Pennsylvania, three elements are necessary to properly plead a cause of action for breach of contract: "(1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resultant damages." CoreStates Bank, Nat'l Assn. v. Cutillo, 723 A.