Fairfax Virginia Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

Name: Fairfax Virginia Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
Brand: US Legal Forms
Rating: 4.74 (414 reviews)

Category:

Civil Actions - Complaints - Breach of Contract

State:

Multi-State

County:

Fairfax

Control #:

US-01598

Format:

Instant download

Description

This form is a Complaint. Plaintiff brings an action against defendant for breach of contract and requests a monetary award, plus punitive damages.

How to fill out Fairfax Virginia Complaint Regarding Breach Of Contract, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?

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FAQ

The Duty of Good Faith and Fair Dealing In general, every contract contains an implied duty of good faith and fair dealing. This duty requires that neither party will do anything that will destroy or injure the right of the other party to receive the benefits of the contract.

Liability is also unavailable on the theory of promissory estoppel because Virginia does not recognize the doctrine.

There are common legally required elements for a person to make a claim for promissory estoppel: a promisor, a promisee, and a detriment that the promisee has suffered. An additional requirement is that the person making the claimthe promiseemust have reasonably relied on the promise.

The doctrine of promissory estoppel is an alternative to the doctrine of consideration. It refers to a contract that cannot be withdrawn because one party acted on the other parties' promise. In most cases, one party was harmed or served injustice because of the broken promise that they relied on.

What elements are required for the promissory estoppel doctrine to apply? There must be a clear and definite promise. The promisee reasonably relied on the promise. The promisee acted or refrained from some act.

The elements of a promissory estoppel claim are (1) a promise clear and unambiguous in its terms; (2) reliance by the party to whom the promise is made; (3) the reliance must be both reasonable and foreseeable; and (4) the party asserting the estoppel must be injured by his reliance. (US Ecology, Inc.

The promissory estoppel acts as a legal shield against the other's claim, even though they did not give any consideration. The doctrine of promissory estoppel is the exception to the contract consideration rule. It implies that a contracted promise is enforceable by law even without any consideration present.

Terms in this set (8) clear and definite promise made by promisor (promise) the promise must be an expectation that the promise will be relied upon. the promisee must in fact reasonably rely on the promise (reasonably relied on) detriment of a definite nature must be incurred in the reliance on the promise (detriment)

In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.

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Part VI deals with the contract obligations of minors. Business, interference with contract expectancy, and defamation.

Fairfax Virginia Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

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What is the obligation of good faith and fair dealing?

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