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What else can I help you with?
They have not followed our written agreement and I would like to get my vehicle back. What can I do to get it back?
A written contract is easy to enforce. You must follow any guidelines stated in the contract once the breach of contract has been done. If it is a simple matter of they have not paid for the car as stated in the contract you can demand payment in full and if they don't pay in full reposess it. If it is a case of sellers remorse then there's nothing you can do. You may need to file a lawsuit for breach of contract depending on how they breached your written contract. An attorney can help you make sure you are doing everything legally.
Is it a breach of contract if there is no specification of date to perform in the contract?
if there is no date specify this does not mean there is a breach. for a breach to occur one of the parties to a contract must not have fully performed their obligations. if there is no date specified in the contract the courts will apply a reasonable date
Is it legal for the tenant to hold your deposit till the lease contract is finished even if the contract is broken?
If the tenant broke the lease via a material breach, the tenant may forfeit his security deposit. However, if the landlord has breached the lease, he must return the full security deposit.
Can a girlfriend sue a boyfriend for breach of contract if no contract was ever involved?
no there must be a contact involved
What are the 3 elements that must be present in a breach of contract claim?
In a breach of contract claim, three elements must be present: 1) the existence of a valid contract, 2) a failure by one party to fulfill their obligations under the contract, and 3) resulting damages or harm suffered by the other party.
What are the elements of the tort of intentional interference with contractual relations?
Intentional interference with contractual relations occurs when the defendant directly persuades a third party to breach a contract with the plaintiff. There are four elements: 1. The defendant must know that the contract exists, but they do not have to know the details. 2. The defendant must intend to cause the third party to breach the contract, but they don't have to intend to harm the plaintiff. 3. The defendant must actually cause the third party to break the contract. This is distinguished from simply encouraging the third party to breach the contract. 4. The plaintiff must suffer a loss as a result of the breach.
How can one prove a breach of contract?
To prove a breach of contract, one must show that a valid contract existed, that one party failed to fulfill their obligations under the contract, and that the other party suffered damages as a result of the breach. This can be done through evidence such as written contracts, communication records, and documentation of the damages incurred.
Does delay of time for performance lead to breach of contract?
No, normally there is no expectation of a time limit on the performance of a contract. If there is, it must be negotiated at the time the contract is formed
What are the claims against breach of contract?
Claims against breach of contract typically involve the assertion that one party has failed to fulfill their obligations as outlined in the agreement. This can include non-performance, late performance, or defective performance of the contract terms. The injured party may seek remedies such as damages, specific performance, or cancellation of the contract. To succeed in a breach of contract claim, the aggrieved party must demonstrate that a valid contract existed, the breach occurred, and they suffered damages as a result.
What are the essential elements of a tort?
The essential elements of a tort are a legal duty owed by one person to another, a breach of that duty, and harm or injury caused by the breach. This harm must be directly caused by the actions of the person who breached the duty.
In determining legal negligence the following four elements must be present duty breach of duty damages and?
duty owed duty breached proximate cause damages
When a non breaching party has been damaged by a breach of contract?
When a non-breaching party has been damaged by a breach of contract, they are generally entitled to seek remedies to compensate for their losses. This may include monetary damages to cover direct losses, consequential damages for any additional harm caused by the breach, or specific performance to compel the breaching party to fulfill their contractual obligations. The goal is to restore the non-breaching party to the position they would have been in had the breach not occurred. They must typically prove the extent of their damages and may have a duty to mitigate those damages.
