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Complaint regarding Breach of Contract to Divide Estate Proceeds...

Hillsborough Florida Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

Name: Hillsborough Florida Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
Brand: US Legal Forms
Rating: 4.61 (492 reviews)

Category:

Probate - Estates

State:

Multi-State

County:

Hillsborough

Control #:

US-CMP-10074

Format:

Instant download

Description

This form is a Complaint. The plaintiff requests relief from the court alleging that defendant was responsible for breach of contract and the implied covenant of good faith and fair dealing. Plaintiff requests that the defendant pay punitive damages and reasonable attorneys' fees.

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How to fill out Hillsborough Florida Complaint Regarding Breach Of Contract To Divide Estate Proceeds, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?

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FAQ

The implied covenant of good faith and fair dealing is automatically included in every contract and cannot be waived by the parties.

Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.

Breach of contract is not an equitable remedy. If one has a breach of contract claim, then you cannot typically file an accompanying promissory estoppel claim. Specifically, promissory estoppel is not available when an unambiguous contract exists that covers the issue for which damages are sought.

In every contract there is an implied covenant of good faith and fair dealing by each party not to do anything which will deprive the other parties of the benefits of the contract, and a breach of this covenant by failure to deal fairly or in good faith gives rise to an action for damages.

In a promissory estoppel case, the court in its discretion can award either detrimental reliance damages or expectation damages (including specific performance), whichever it determines better avoids injustice.

There cannot be a written contract, for there to be promissory estoppel. Although you can sue for both, ultimately, a Plaintiff in a court case will have to choose between estoppel or breach of contract if there is a written agreement.

One type of breach which the courts have recognized as being both a breach of contract and a tort is the breach of the implied duty of good faith and fair dealing.

The covenant imposes an obligation on parties to act in good faith and deal fairly with other parties to the contract, even though this duty is not specifically stated in the agreement.

An agreement made by promissory estoppel will typically have the same binding effects on parties that a valid contract would. If a party breaches an obligation created by promissory estoppel, a court can choose to assign either reliance damages or expectation damages.

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Professor Lewis writes in the areas of estate planning, probate and reproductive law. To the evidence, but the court for good cause shown may grant relief from the waiver.Aldape, 192 So.3d at 636. Agreement will be brought to the Board in February, as well. When involved in a real property sales transaction in Florida: from the initial attorney-client discussion about clauses in a contract for sale. The law is full of great stories, and we use them. The existence of a contractual duty of good faith; xi abuse of process in criminal proceedings; xii on comity between Australian intermediate.

Hillsborough Florida Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

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How to fill out Hillsborough Florida Complaint Regarding Breach Of Contract To Divide Estate Proceeds, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?

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FAQ

Can you waive implied covenant of good faith and fair dealing?

Is promissory estoppel enforceable?

Is promissory estoppel a breach of contract claim?

What is breach of implied covenant of good faith and fair dealing?

What is damages for promissory estoppel cases?

Can you sue for breach of contract and promissory estoppel?

Is breach of implied covenant of good faith and fair dealing a tort?

Can you have a promissory estoppel and breach of contract?

Can the implied covenant of good faith and fair dealing apply to any conditions not actually stated in a contract?

Can you sue based on promissory estoppel?

Interesting Questions

What is a breach of contract?

What is the complaint related to Hillsborough about?

What is an implied contract?

What is the principle of good faith and fair dealing?

What is promissory estoppel?

What is emotional distress?

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