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Breach of Contract Questions

Breach of contract is the act of one party failing to meet the obligations set forth in a contract with another individual or entity. In the event of a breach of contract, the person who fails to meet the agreed conditions of the contract will owe the opposing party damages. These damages can vary from compensatory damages (money owed to a person in a civil action), legal fees, attorney fees, and punitive damages. Take a look at the questions below regarding breach of contract.

How do I answer a petition for complaint of breach of contract in Texas

Generally, there isn't a standard form for answering a petition. You could either hire an attorney to answer the petition or draft the answer yourself. To draft the answer yourself, you would first copy the heading from the complaint and remove the complaint and replace it with answer. Be sure to fill out the form completely and you should also add any defenses that you may have, as well as any counterclaims that you wish to include. Once you have made the changes and entered your answers, you will need to file it in the court as well as serve the petitioner (the person who filed the original complaint of breach of contract). To view a standard answer, follow this link: http://www.kinseylaw.com/attyserv/civil/answers/answer.html

I am being sued for breach of contract. The issue is some additional activities I did that are now being viewed as circumvention even though the CEO of the contractor knew what I was doing or had done at the time I did them. Can they win this case?

Generally, if you performed according to the contract agreements, you shouldn't be in breach of contract. Furthermore, if the CEO knew of the additional activities and never voiced any concern to the activities, his actions alone would appear to be consensual. In other words, if he knew what you were doing, he could have put a stop to your additional activities but he chose to let you continue. This would need to be your defense. Usually, in order to win, a company would have to show that they suffered from you actions. Without this type of evidence, it is possible that the company wouldn't be able to collect monetary damages from you.

Is it legal for a company to sell you a product and collect the money but not provide the product for over 90 days?

Usually, there is nothing illegal about this type of practice. However, it would depend on the conditions of the agreement that you have made with the company. It is possible for a company to be in breach of contract if there was an agreement made.

Generally, a court would allow for a reasonable amount of time for a company to deliver a pre-purchased product in the absence of a timeframe listed in a contract.

Specialty or custom orders would generally be expected to take longer to ship than standard orders. This usually can be based off typical orders made within the industry which would allow for a longer timeframe. However, if the order is not a custom order, the item should usually be shipped in a short amount of time. If the company takes over 90 days to ship a prefabricated item, the buyer would possible be within their rights to end the contract and request a refund on the order.

Generally, you would want to file a complaint with the Better Business Bureau and seek a resolution before taking the company to court for a breach of contract.

My S-Corp is being sued for breach of contract and services delivered by the plaintiff (about 2.75 years ago) for around $9000. The company has not been in operation for almost a year and has no assets, no money in the bank. State/Country: California (S-Corp) How do I respond?

Actually, there wouldn't be any reason for you to respond if there are no assets available. The plaintiff will seek a default against the S-corp. Once the default is gained, the plaintiff will try to collect on the judgment. If there are no assets to seize, there would be nothing for the Plaintiff to take. One option you could attempt would be to file for bankruptcy. However, if the company hasn't operated in almost a year, and there is nothing left of the company, bankruptcy at this point would be useless.

If you are faced with a breach of contract suit or are preparing to sue for a breach of contract, you should seek the insight of an Expert. An expert can assist you in the legal areas of a law suit and explain the process of the court. Before you attempt to face a breach of contract suit on your own, it is always best to seek legal insight.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Breach of Contract Questions

  • This past Monday night I went to a strip club in NYC. I was

    This past Monday night I went to a strip club in NYC. I was waiting for an extended period of time to go to a meeting, stopped at a small tavern where I had a few drinks and then ended up walking to the near by gentles club to kill another 30 mins. Most of what I describe below has been coming back to me a little at a time memeory-wise with each day that passes.
    While there I ended up with two dancers sitting with me (the place was empty) who after several objections by me, convinced me to go to a private area in the club. I was so intoxicated at that point I only have flashes of memory. But I do remember that the manger began bringing over the bills for me to pay and sign my charge slips - and eventually I remember that it reached the extent that he began taking my thumb prints when I paid. I was unable to see the slips and probably couldn’t sign them legibly or total them. Even sadder I remember that I was more than willing to comply. In fact I believe I turned my wallet over to the dancers and vaguely remember walking to an atm with the manger so he could withdraw water money I had left in my account when all my credit cards began rejecting charges. All this time I had no idea what they were charing me and I didn’t care. The final tab came to over $5000 with includes a $500 bottle of grey goose vodka. I dint know the tab until the next day when I saw my charges online. Im not sure how anyone sober or otherwise can spend $5k in a club in that period of time. Or what it is you get for that.
    I’ve never experienced anything like this before and I don’t go to strip clubs, although I did years ago when I was much younger. Ive also never had a blackout like this or a seeming loss of will power. And Im not blaming the blackout to deny responsibility. It’s simply a fact. I can only remember bits and pieces of the evening. - and while i realize now the finger prints are a way for the establishment to prove my responsibility to pay once I sobered up, I can't help but think its also obvious they were purposely taking advantage of me. Most respectable establishments don’t finger print you when you pay your dinner bill. The topper is that I drove home from NYC to Connecticut where I live - a*****over highways and city streets - and have no recollection of the drive. I don't even know why I’m still alive. They obviously took as much care in my safety being drunk and leaving the club as they did in gaining access to all my cash
    I’m writing to see if there is any legal recourse - for this expense or otherwise. While I know I owe money for the things I purchased while there, it’s obvious this establishment including its senior management purposely chose to conduct a campaign designed to take every dollar they could from an overly intoxicated customer by any means necessary. And in fact they have tools in place to do so. Is there anything I can do?
    I know that I deserve what I deserve. But these people are simply evil. Do I have legal recourse to at least not pay some of the tab? Etc…
    Thank you.
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    Can i sell a grandfather ATT Data Plan without any backlash from ATT
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    I sign a contract from pinnacle alarm monitoring 4 years ago it end up this coming nov. 16, 2014. Last may I call them to close my account so I can get a lower rate from another company, but they said Im under contract but they advised to extent my contract to six month for a lower monthly rate for $35.00 which I agree as long they sent me a contract to sign but they never sent a contract. and rate now $39.99 a month. so I call to close my account but they charge for six month extension for about $239.00 to close my account so what my legal action to dispute this charges
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