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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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