Breach of Contract Questionnaire

State:
Multi-State
Control #:
US-Q1004
Format:
Word; 
Rich Text
Instant download

Description Examples Contract Breaches

This form addresses important considerations that may effect the legal rights and obligations of the parties in a breach of contract matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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Breach Contract Statement FAQ

Contracts are made up of three basic parts an offer, an acceptance and consideration. The offer and acceptance are what the purpose of the agreement is between the parties.

The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

In order to bring a breach of contract claim, the non-breaching party must show that there is sufficient causation between the breach and the loss it has suffered. The breach must be the effective or dominant cause of a loss. Causation may be complicated by a third party's intervening act or other event.

Make the date clear. Check the notice clause. Describe the breach. Make sure it's a "material" breach. Offer a "cure." In some cases, it may be too late to fix the problem. Avoid an emotional tone. Try to work it out.

The party who is injured by the breach of contract may bring an action of breach of contract either by remedy of specific performance or the damages available such as general or liquidated damages, nominal damage (no loss situation), compensatory, punitive and specific.

Prove the Existence of a Contract. Prove That You Performed Your Obligations or That You Have a Legitimate Reason for Not Performing. Prove the Other Party Failed to Perform Their Part of the Contract. Prove the Other Party's Failure to Perform Caused Damages.

A breach of contract occurs when one party in a binding agreement fails to deliver according to the terms of the agreement. A breach of contract can happen in both a written and an oral contract. The parties involved in a breach of contract may resolve the issue among themselves, or in a court of law.

2006) (The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) the plaintiff's performance or tendered performance; (3) the defendant's breach of the contract; and (4) damages as a result of the breach.)

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Breach of Contract Questionnaire