Breach of Contract Lawsuit—Everything You Should Know in One Place
Contractual breaches are not uncommon in the business world, and you should be informed on what to do in such situations. The party who broke the agreement should suffer appropriate consequences since they are causing setbacks and losses for the other party.
You have the right to sue for a breach of contract if you meet the particular requirements. The judge will consider the following:
- Whether the contract is valid
- If any changes were made after the signing
- If the breach was material
- The damages you are asking for
- What requirements are listed in the contract
A rule you should be aware of when considering to sue someone for breach of contract refers to the Statute of Limitations. These laws set the deadline within which a lawsuit or claim can be filed. The deadlines depend on the:
- Circumstances of the case
- Type of case
- Your state
- Place where the suit or claim is filed (federal or state court).
It is possible to file a lawsuit if you have an oral agreement, but it will be more difficult to prove the violation. In some states, you must have a written document to sue for breach of contract.
Most states have a law called the Statute of Frauds determining what contract must be in a written form to be legally enforceable. The following agreements should not be oral:
- Real estate sales
- Any contract that includes a specific amount of money determined by the state
- Arrangements to pay another individual’s debt
- A property lease for more than a year
- Any agreement that takes more than a year to complete
- Deals that continue after one party dies
- Contracts that include the transfer of property when one party passes away
If you need help taking the other party to small claims court, you should turn to DoNotPay.
If the situation escalates, and you have no other choice but to file a lawsuit for a breach of contract, DoNotPay can help. You will be safe in DoNotPay’s award-winning hands—we received the Louis M. Brown Award for Legal Access in 2020.
Using our app will boost your chances of winning the case because we will prepare you for your court appearance. DoNotPay will:
- Gather necessary paperwork for the lawsuit
- Fill out all the required court forms
- File the complaint on your behalf
- Make a script with persuasive arguments for your hearing
Before you resort to potentially lengthy legal procedures, you should create a breach of contract demand letter and try to resolve the issue out of court. If you want to save time and receive a rock-solid document at an affordable price, you should turn to DoNotPay for help.
To avoid suing your client in small claims court, you can draft a demand letter and send it to them. This legal document must contain the necessary information about the breach of contract elements and is tricky to compose. Online templates are usually inappropriate because the letter needs to be case-specific.
If you lack the legal knowledge to handle this delicate task, let DoNotPay take over. These are the only instructions to follow:
- Sign up for DoNotPay
- Choose the Client Breach of Contract product
- Answer some questions about the client and the agreement you had
- Include a payment deadline for the client
- Add photos as evidence if you have any
We will help you tackle various related issues, such as the affirmative defenses to breach of contract and more.
If you would like to learn about the state-specific breach of contract rules, check out our practical guides in the table below:
|South Carolina||North Carolina||Florida|
If you win a breach-of-contract lawsuit, you are entitled to one of the following legal remedies:
- Compensatory damages include payment by the breaching party
- Nominal damages award small amounts of money when a breach occurred if there was no actual financial loss for the suing party
- Liquidated damages include a reasonable estimate of actual damages that result from a breach of contract
- Specific performance requires the breaching party to complete a task in a specific period
- Injunction obligates the breaching party to stop specific activities because of the breach
- Rescission allows you to cancel the contract instead of seeking monetary damages
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DoNotPay has a solution for any business issue. We can help you:
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