4.1-15 Breach of Contract
New September 28, 2012
The plaintiff claims that the defendant breached its contract with the plaintiff. In order to recover on a breach of contract claim, the plaintiff must prove:
The plaintiff claims (he/she/it) had a contract with the defendant to <describe nature of contract>. The plaintiff claims that the defendant breached (his/her/its) contract with the plaintiff in that
<describe nature of breach> and that as a direct and proximate result of defendant's actions, the plaintiff has been damaged.
- the formation of an agreement with the defendant;
- that the plaintiff performed (his/her/its) obligations under the agreement;
- that the defendant failed to perform (his/her/its) obligations under the agreement; and
- as a result, the plaintiff sustained damages.