Plaintiff and defendant entered into a contract pertaining to consultant work. Plaintiff contends that defendant's actions in breaching the contract were intentional, willful, and in bad faith. Plaintiff argues that defendant is now liable for punitive damages. Plaintiff also requests compensation for emotional distress, anxiety, inconvenience, and expense from defendant.
Washington Sample Complaint - Breach of Contract - Exploration and Consultant Agreement
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US-01597
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How to fill out Sample Complaint - Breach Of Contract - Exploration And Consultant Agreement?
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FAQ
4 Elements of a Breach of Contract Claim (and more) 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.
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.
Your answer to the plaintiff's complaint should include all legal and equitable affirmative defenses available to you based on the facts. Your response to the complaint must be thorough, as any available defenses not timely raised or properly alleged may be waived.
If one party fails to perform their obligations under an agreement without a reasonable excuse, the other party may be able to sue them for breach of contract. To do this, the contract must be valid?it must be legal and both parties must have the capacity to enter into it.
A valid breach of contract claim must include: A legally binding contract between the parties; A fulfilled contractual obligation by the claimant; A failure to fulfill contractual obligations by the defendant; and. Demonstrable losses suffered by the claimant resulted from the defendant's breach.
Once the plaintiff proves that a valid contract existed, they must show that they upheld their part. After that, the plaintiff must show that the defendant did not fulfill their obligations. And finally there must be evidence of actual damages that the plaintiff suffered as a result.