How do you sue a company for breach of contract?
There are several other requirements for a valid contract, including the legality of the agreement and the freedom of the parties to negotiate or decline the other’s offer.
Contracts are sometimes intentionally vague. One of the main goals of having complex legal language in a contract is to deter those who may have a case from filing a lawsuit when there is a breach of contract.
To bring a breach of contract lawsuit against a company, you must first ensure that there is a breach of contract, ie the other party must have breached the terms of the applicable contract and the breach must have negative effects on you or your company. Then you need to choose the right court to file your complaint with. After submitting your complaint, you must also provide your opponent with a copy of the complaint. You will receive a subpoena from the court stating the date and time of your first hearing, and from there the lawsuit begins.
Let’s dive into each part of the process.
Make sure you have a valid contract
To have violated a contract, the contract must have been valid. The basic elements of a valid contract are the existence of a consideration, an offer and an acceptance.
The legal concept of consideration means something valuable that is exchanged within the framework of the contract. Both parties must be considerate – for example, if you write a note that says, “I owe you $ 100,” it is not a contract because you have received nothing in return.
An offer is made when a party declares to conclude a contract. The offering party must state that it is willing to exchange something for something else. If the other party agrees to the exchange conditions, this is considered acceptance within the meaning of the valid contract.
There are several other requirements for a valid contract, including the legality of the agreement and the freedom of the parties to negotiate or decline the other’s offer. In addition, contracts covering specific items such as real estate must be written to be valid. If you are unsure whether you have a valid contract, contact an experienced breach of contract attorney.
Determine whether a breach of contract has occurred
If one of the parties does not meet the contractual conditions, this party is in breach of the contract. For example, let’s say you own a bakery and have a contract with a grocery store to give you 20 apples for $ 50 by Friday. If you paid the $ 50 but didn’t get the apples by Friday, the vegetable market broke the contract. The fruit and vegetable market is also vulnerable if you get 20 oranges on Friday.
Detecting damage from material damage
Oranges; Image courtesy of LoggaWiggler via Pixabay, www.pixabay.com
In order for you to claim damages in court in the event of a violation, the violation must have been serious enough to cause you harm. In the previous example, if your bakery was unable to produce apple pies due to market breach, your damage could include the $ 50 you paid for the apples plus the revenue from the cakes you would otherwise have sold without the breakage .
When preparing a breach of contract lawsuit, it is important that you record any damage that may have resulted from the breach of contract. The amount of damages that you want to seek will also affect the court in which you are bringing the lawsuit.
Decide where to file your complaint
Depending on the circumstances of your case, you can choose where to make your claim. One option that you may have is the small claims court. States often have damage controls that you can use in small claims court. If you qualify for the Small Claims Court, this route may be preferred as the rules of procedure are often much less complicated and lengthy.
You will likely have a geographic choice of dish as well. You need to identify the competent courts, that is, the courts legally capable of hearing the case. If the language of the contract does not dictate the competent court, the decision should take into account the domicile of the various parties. State laws differ in terms of procedures and jurisdiction. For help in choosing the best possible jurisdiction for your case, reach out to an experienced lawyer who can explain the benefits of the different options to you.
Prepare and submit your complaint
A typical complaint contains the following information:
- Names and addresses of all contracting parties
- A contract description or a copy of the contract, if in writing
- Reason why the court has jurisdiction
- Explanation of the violation and the consequences
- Amount of the requested damages and justification
You should have this information prepared in advance of the meeting in order to prepare the complaint or provide it to the lawyer who will prepare the complaint for you.
Once you have submitted your complaint, you have a limited amount of time to provide (or deliver) a copy of the complaint to the other party or parties. Different jurisdictions have unique rules for the appropriate service of the parties to a dispute. Whether you are filing a complaint against a business partner, service provider or legal SEO agency, you need a lawyer who is familiar with the rules of the jurisdiction and can ensure that the service process runs smoothly.