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What is a Breach of Contract Complaint?

Posted by on Oct 25, 2016 in Business Law | 0 comments

Breach of contract complaints stem from disputes over stipulations that are articulated on a legally-binding document that had been previously agreed upon by two parties. This legal procedure allows one party of the contract to sue the other for shirking from the obligations stipulated in the contract that they’ve each signed before.

In general, a breach of contract complaint has a few basic components. The first, as was already stated, is that there should be a contract that both parties have agreed on in a previous occasion. Second, the party filing the complaint has performed their obligations, while the other party has failed to live up to their own set of responsibilities. Finally, it’s important to be able to prove that the breach to the agreement has caused damages for the party filing the suit.

When filing a breach of contract complaint, it’s important to keep several pointers in mind. Most complaints stem from the fact that some contracts have unclear stipulations, leaving it open for various interpretations. In these scenarios, the party filing the complaint will have to establish how the contract was first fashioned in order to satisfy the court’s requirement that contracts need to be both certain and definite. The complaint should also describe the parties involved in the signing of the contract. For example, if the contract in question is an employment contract and the complainant is an employee of a particular company, it would be good practice for the petitioner to describe their place of work and provide other pertinent details about what type of company it is.

Another important component of a breach of contract complaint is the concise but meaningful explanation of the damages incurred due to the breach in the agreement. The petitioner will need to explain how the other party has caused them harm. It would also be helpful if some sort of estimate can be made with regards to monetary value.

Damages can be explained as direct, consequential and incidental. Include an explanation of your harm and an estimate of its quantification if you can. Otherwise, include such information as is necessary to show that you are in the right court. In many cases, the exact harm caused is the subject of expert testimony that is not yet available when the complaint is filed.

Of course, as with any type of legal action, filing a breach of contract complaint won’t be an easy endeavor. As the commercial lawyers from Russo Russo and Slania point out, these cases often require the steady guiding hand of a qualified attorney to ensure that everything is properly conducted. Seeking out effective legal counsel can be a huge help in solving such disputes.

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