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

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

Name: Riverside California 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:

Riverside

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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FAQ

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.

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.

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.

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.

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.

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.

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.

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.

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.

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Riverside California 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 Riverside California 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

What is damages for promissory estoppel cases?

Is promissory estoppel enforceable?

What is the duty of good faith and fair dealing?

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

What is meant by the principle of good faith and fairness?

Can you sue based on promissory estoppel?

What is breach of implied covenant of good faith?

Can you have a promissory estoppel and breach of contract?

What is the obligation of good faith and fair dealing?

Can you sue for breach of contract and promissory estoppel?

Interesting Questions

What is a breach of contract?

What constitutes a breach of contract in Riverside regarding estate proceeds division?

What is an implied contract?

Can an implied contract be the basis for a complaint in Riverside?

What is the principle of good faith and fair dealing?

How does the principle of good faith and fair dealing apply in a breach of contract complaint in Riverside?

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