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I did know I could file a legal malpractice suit but that kind of suit was far more challenging for a layperson... I thought that filing a breach of contract would be easier as far as the proving elements.... besides I am already through case evaluation and simply want to file a motion for summary disposition. I need to have case law that defends my position for breach of contract.... I used in my complaint various citation violation under the Michigan Rules of Professional Conduct... example communication, fees, appearance, due diligence, etc. I even review decision by the attorney grievance commission as a guide in my pleadings... so all I need is to apply case law to the use...I reviewed an article online "Damages for Breach of Contract: Measurement and Limitations" and became even more confused as to what/how I make my legal argument!... nonperformance, defective performance, etc. Please Help!
In interpreting a contract, the obligation of the court is to determine the intent of the contracting parties. Sobczak v. Kotwicki, 347 Mich. 242, 249, 79 N.W.2d 471 (1956). If the language of the contract is unambiguous, courts construe and enforce the contract as written. Farm Bureau Mut. Ins. Co. of Michigan v. Nikkel, 460 Mich. 558, 570, 596 N.W.2d 915 (1999). Thus, an unambiguous contractual provision is reflective of the parties' intent as a matter of law. Once discerned, the intent of the parties will be enforced unless it is contrary to public policy. Id.The elements of a contract are consent, consideration and a parties substantial breach of the agreement. Id. To determine whether a substantial breach occurred, a trial court considers “whether the nonbreaching party obtained the benefit which he or she reasonably expected to receive.” Holtzlander v. Brownell, 182 Mich.App. 716, 722, 453 N.W.2d 295 (1990).
You should also consider reviewing the Michigan model civil jury instructions, which clearly explain all the elements of proof in a contract action as well as damages and defenses.Able Demolition v Pontiac, 275 Mich App 577, 582; 739 NW2d 696, 700 (2007)Hope this helps
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