Fill and Sign the Complaint Damages Sample Form

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [INSERT CAPTION AND STYLE] COMPLAINT (BREACH OF CONTRACT) PARTIES 1. The Plaintiff, [ insert name of plaintiff ] at all times relevant hereto, is an adult citizen of the State of [ insert state jurisdiction] and resides in [ insert county name ]. 2. The Defendant, [ insert name of defendant ] at all times relevant hereto, is: (INSERT 1 OR MORE OF THE FOLLOWING) (1) a corporation incorporated under the laws of the State of [ insert state of incorporation] and is [or is not ] authorized to do business as a foreign corporation in this State, and is subject to service of process by and through its registered agent: [ insert name and address of registered agent ]; (2) an adult citizen of the State of [ insert defendant’s state of residency ] who resides at [ inserts defendant’s street address, city and zip code ] and is subject to service of process. FACTS 3. On or about [ insert date ] the Plaintiff and Defendant entered into a written contract, a copy of which is attached hereto, made a part hereof, and is marked as Exhibit A (hereinafter referred to as the Contract) [ or, if a copy of the contract is not attached, state the reasons why it is not attached ]. Said contract provides that the laws of the State of [ insert state of jurisdiction ] shall govern the Contract. 4. Pursuant to the Contract, the Plaintiff agreed to: [ insert a description of the plaintiff’s duties and obligations under the contract], and the Defendant agreed to: [insert a description of defendant’s duties and obligation under the contract]. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. On or about [ insert date ] the Defendant breached the Contract by: [ insert facts giving rise to defendant’s breach of the contract , e.g., failure to perform duty or obligation ]. 6. On or about [ insert date ] Plaintiff gave notice of breach of contract and demand for performance to the Defendant. Thereafter, Defendant: [ insert facts averring a tort claim independent from the breach of contract, e.g., conduct constituting malice, gross negligence or reckless disregard for the rights of others]. 7. Plaintiff has performed all conditions precedent to recovery and has not excused defendant’s non-performance or breach of the Contract. CLAIMS COUNT I: 8. The Defendant’s breach of the Contract delineated hereinabove proximately caused Plaintiff to suffer: [ insert amount of contract damages ]. COUNT II: 9. The conduct of Defendant complained of hereinabove constitutes: [ insert theory of liability, e.g., gross negligence, reckless disregard for safety of others, etc. ] for which the Defendant should be punished and deterred from similar conduct in the future. The conduct of the Defendant complained of herein was: [insert nature of conduct, e.g., malicious, outrageous, intentional, egregious, willful, wanton, reckless, etc.] DEMAND FOR RELIEF: WHEREFORE, the Plaintiffs pray for the following relief: 1. Trial by jury; 2. Judgment for Plaintiff(s) and against the Defendant(s); 3. An award of damages in an amount which will fully and fairly compensate Plaintiff for [ insert types of damages from claims section above ]. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. An award of punitive damages in amount which is reasonably and rationally related to the egregiousness of Defendant’s conduct, and which is reasonably and rationally related to the financial net worth of the Defendant, and which is in the public interest; 5. Reasonable attorney fees, costs and expenses ( if provided for in the Contract or allowed by statute ); 6. Such other and further relief as may be deemed just and proper in the premises. - 3 -