Thank you for your reply.
The court treats a contract for barter no differently than any other contract. The services bartered have a cash value. It is also an unfair and deceptive trade practice
under NC law to accept services for barter and not to perform the other end of the deal. To establish a prima facie
claim for unfair trade practices under NC law, you must show: (1) defendant committed an unfair or deceptive act or practice, (2) the action in question was in or affecting commerce, N.C. Gen.Stat. § 75-1.1, and (3) the act proximately caused injury to plaintiff. See: Pleasant Valley Promenade v. Lechmere, Inc., 120 N.C.App. 650, 664, 464 S.E.2d 47, 58 (1995). "`[T]he unfair and deceptive acts and practices forbidden by G.S. 75-1.1(a) are those involved in the bargain, sale, barter, exchange or traffic.'" Cameron v. New Hanover Memorial Hospital, 58 N.C.App. 414, 444-45, 293 S.E.2d 901, 919 (1982) (quoting Edmisten, Attorney General
v. Penney Co., 292 N.C. 311, 316-17, 233 S.E.2d 895, 899 (1977)), appeal dismissed, cert. denied, 307 N.C. 127, 297 S.E.2d 399 (1982). The UDTPA is intended to apply "`"to dealings between buyers and sellers at all levels of commerce."'" ***** ***** Corp. v. Carter, 351 N.C. 27, 32, 519 S.E.2d 308, 311 (citations omitted), reh'g denied, 351 N.C. 191, 541 S.E.2d 716 (1999). This Court has held that "it is not necessary for the plaintiff to show fraud, bad faith, deliberate or knowing acts of deception, or actual deception," but "plaintiff must . . . show that the acts complained of possessed the tendency or capacity to mislead, or created the likelihood of deception." Overstreet v. Brookland, Inc., 52 N.C.App. 444, 452-53, 279 S.E.2d 1, 7 (1981).
Thus, it is under regular breach of contract case law. "The elements of a claim for breach of contract are (1) existence of a valid contract and (2) breach of the terms of that contract." Branch v. High Rock Lake Realty, Inc., 151 N.C. App. 244, 250, 565 S.E.2d 248, 252 (2002). Damages for breach of contract may include loss of prospective profits where the loss is the natural and proximate result of the breach. To recover lost profits, the claimant must prove such losses with "reasonable certainty." Although absolute certainty is not required, damages for lost profits will not be awarded based on hypothetical or speculative forecasts. See: McNamara v. Wilmington Mall Realty Corp., 121 N.C. App. 400, 466 S.E.2d 324 (1996)