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Breach contract defendant

Breach contract defendant 2025

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The document is a legal complaint filed in the Circuit Court of Mississippi by a plaintiff against a defendant, alleging breach of contract and negligence related to the construction of a residence. The plaintiff claims that the defendant, as the general contractor, failed to construct the home properly, resulting in significant structural issues, particularly an unlevel foundation. The plaintiff seeks damages for these alleged failures and asserts that the defendant concealed knowledge of the construction problems.

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What is the liability for breach of contract?

A failure to per- form without justification will constitute a breach of the contract for which the breaching party will be held liable. In the case of a breach, damages will be assessed and legal remedies available to the aggrieved party will be applied against the damages.

How to defend against breach of contract?

Common Defenses in Breach of Contract Cases In Writing. Some contracts, including those involving real property, are required to be in writing. Indefinite. Mistake. Lack of Capacity. Fraudulent Inducement. Unconscionable. Illegality. Duress.

How hard is it to win a breach of contract lawsuit?

There is ample opportunity for disappointment, which often leads to breach of contract litigation. While breach of contract happens all the time, very few cases become a winning lawsuit. Long story short, its hard to win a breach of contract lawsuit.

Who is liable for breach of contract?

Legal remedies and damages As a result, the default remedy available for a breach of contract is monetary damages. In general, damages in a breach of contract case are limited to what is listed in the contract, and as such, courts usually do not award punitive damages as they would in a tort case.

What three elements must a breach of contract claim?

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

Who is guilty of a breach of contract?

A breach of contract is when one party to the contract doesnt do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesnt do what the contract says they must do, the other party can sue.

Is it worth suing for breach of contract?

The Value of the Contract: Consider whether the breach resulted in substantial financial or other losses. If the damages are minimal, the costs of litigation may outweigh the potential recovery. For example, suing over a minor inconvenience or slight delay may not be worth the effort.

Breach contract defendant 2025

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