Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Terms of Business

9 Jun 2023
35 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Terms are an essential part of business agreements; they provide the foundations for the agreement and set out expectations, duties, obligations and payment structures. It is therefore crucial that you understand the implications of any agreement you enter into before committing to it. At Genie AI, we believe that all parties should have access to high-quality legal documents without having to pay a lawyer. This is why we created ‘the world’s largest open source legal template library’, so anyone can draft and customize contracts with confidence.

The terms of a business agreement outline the scope of a relationship as well as the rights and obligations of both parties. They also define how disputes should be resolved, should they arise in the future. Crucially, good terms ensure that an agreement is legally binding and enforceable, protecting your interests in case things don’t go as intended. For example, in certain instances terms can include consequences for failing to perform duties - such as termination or financial penalties - thus ensuring each party adheres to their responsibilities within a business arrangement.

It’s no secret that many organisations rely on unauthorised companies when it comes to providing insurance products; this lack of regulation has been a longstanding issue within Saudi Arabia but times are changing! To bolster public confidence in its insurance industry and create a fully functioning system, Saudi Arabia has introduced legislation which will crack down on unauthorised firms – including National Commercial Insurance Co (NCCI) which was developed as the industry’s flagship firm with publicly listed audited accounts following 7 million shares being sold last month at 205 riyals apiece.

Legislation aside though, understanding why terms matter in business is key for avoiding any complications further down the line – something which could be said for any legal wranglings occurring beyond US borders too! Take Yukos Oil Company for instance; accused by Russian authorities over fraud allegations against former boss Mikhail Khodorkovsky who was jailed on charges including tax evasion - analysts remain skeptical about Yahkos’ chances in court given limited assets within US jurisdiction plus Vladimir Putin’s clampdown on Khodorkovsky’s political ambitions adding fuel to fire!

At Genie AI we want people everywhere to benefit from free access to quality contracts regardless of their location or resources; which is why our experts have created step-by-step guidance along with information on how you can access our template library today - read on below!

Definitions

Contracts: A legally binding agreement between two or more parties that outlines the terms and conditions of a relationship.
Liabilities: A financial obligation that a business must fulfill.
Indemnities: A promise to reimburse another party for any losses they suffer.
Warranties: A promise to repair or replace a product if it is defective.
LLC: Limited Liability Company. A type of business structure that provides limited liability protection to its owners.
Corporations: A type of business structure that is formed by one or more people and is legally considered a separate entity from its owners.
Cooperatives: A type of business structure that is owned and operated by its members.
Trademark: A brand or logo that is used to distinguish a business from its competitors.
Copyright: A form of protection that gives the author of an original work exclusive rights to their work.
Patents: A form of protection that grants exclusive rights to an inventor to make, use, and sell their invention.
Insurance: A form of protection that helps to protect a business from financial losses due to accidents, lawsuits, and other risks.
Taxes: Money that is paid to the government in order to fund public services.

Contents

  1. Introduction to Terms of Business
  2. Definition of Common Business Terms
  3. Overview of Business Structures
  4. Types of Businesses and Their Legal and Financial Obligations
  5. Identifying the Different Types of Businesses
  6. Understanding the Legal Requirements of Each Business Type
  7. Understanding the Financial Obligations of Each Business Type
  8. Understanding Business Formation and Registration
  9. Obtaining the Necessary Licenses and Permits
  10. Completing the Business Formation Process
  11. Registering the Business with the Relevant Authorities
  12. Overview of Commonly Used Terms of Business
  13. Understanding Key Terms and Concepts
  14. Identifying the Different Types of Agreements
  15. Common Legal Documents Used in Businesses
  16. Understanding the Purpose of Legal Documents
  17. Reviewing Commonly Used Legal Documents
  18. Drafting and Editing Legal Documents
  19. Understanding Business Taxes and Tax Obligations
  20. Identifying the Different Types of Taxes
  21. Calculating the Tax Obligations of a Business
  22. Understanding the Tax Reporting Process
  23. Understanding Intellectual Property Rights
  24. Identifying Types of Intellectual Property
  25. Understanding Copyright Protection
  26. Understanding Trademark Protection
  27. Understanding Business Insurance
  28. Identifying Types of Insurance Coverage
  29. Understanding the Role of Insurance in Business
  30. Assessing the Need for Insurance Coverage
  31. Understanding Liabilities, Indemnities and Warranties
  32. Identifying Types of Liabilities
  33. Understanding Indemnities and Warranties
  34. Assessing the Need for Liability Protection
  35. Understanding Employment and Contractual Agreements
  36. Identifying Types of Employment Agreements
  37. Understanding the Role of Contracts in Business
  38. Drafting and Editing Employment and Contractual Agreements
  39. Understanding Business Financing and Loans
  40. Identifying Types of Financing Options
  41. Understanding the Role of Financing in Business
  42. Assessing the Need for Financing and Loans
  43. Conclusion

Get started

Introduction to Terms of Business

  • Understand the purpose of a Terms of Business document
  • Read through your Terms of Business and make sure you understand the clauses and terms
  • Ask questions and get clarification on any terms and clauses you don’t understand
  • Once you understand the general purpose and have clarified any needed terms, you can check this off your list and move on to the next step.

Definition of Common Business Terms

  • Understand the meaning of common business terms such as ‘limited liability’, ‘partnership’, ‘sole trader’ and ‘corporation’
  • Research the various definitions of such terms online
  • Make a list of the definitions and keep them handy
  • When you have a solid understanding of the definitions, you can check this step off your list and move on to the next step.

Overview of Business Structures

  • Understand the difference between a corporation, partnership, limited liability company (LLC), and sole proprietorship
  • Learn the advantages and disadvantages of each type of business structure
  • Compare the different tax implications of the aforementioned business structures
  • Research the various state and federal regulations that apply to different business structures
  • Understand the different liabilities associated with each business structure
  • When you have a good understanding of each type of business structure and the associated laws, regulations, and liabilities, you can move on to the next step.

Types of Businesses and Their Legal and Financial Obligations

  • Understand the different types of businesses and the legal and financial obligations that come with each type
  • Learn the differences between sole proprietorships, partnerships, C corporations, S corporations, and limited liability companies (LLCs)
  • Learn the tax implications of each type of business entity
  • Understand the legal implications of each type of business entity
  • Identify which type of business entity is most suitable for your business

Once you have a thorough understanding of the different types of businesses and their legal and financial obligations, you can check this off your list and move on to the next step.

Identifying the Different Types of Businesses

  • Identify the different types of businesses such as sole proprietorships, partnerships, limited liability companies, and corporations
  • Understand the differences between the types of businesses, such as who is responsible and the level of liability each type carries
  • Research the legal and financial obligations associated with each business type
  • When you can identify the different types of businesses, understand the differences between them, and research the legal and financial obligations associated with each, you can check this off your list and move on to the next step.

Understanding the Legal Requirements of Each Business Type

  • Research the legal requirements for each type of business, such as LLC, S-Corp and Sole Proprietorship
  • Make sure to check the state-specific regulations in order to understand the legal requirements for each business type
  • Get help from a professional if needed, such as an accountant or lawyer
  • Document any decisions made and keep track of any legal paperwork
  • Once you have a thorough understanding of the legal requirements for each type of business, you can move on to the next step.

Understanding the Financial Obligations of Each Business Type

  • Research the tax and fee obligations that come with the specific business type you’re interested in
  • Identify the types of taxes you’ll be responsible for, such as income, payroll, sales, excise and property taxes
  • Determine if you’ll be required to pay quarterly estimated taxes
  • Explore any potential tax deductions or credits that may be available to you
  • Learn about any licensing or registration fees that may be required
  • Review any available business grants or loan programs

You’ll know that you can check this off your list and move to the next step once you have a good understanding of the financial obligations that come with the business type you’re interested in, including taxes, fees and available grants or loan programs.

Understanding Business Formation and Registration

  • Research the different types of business entities and decide which one is right for you
  • Decide on a business name and do a name search
  • File the appropriate paperwork with the state to form your business entity
  • Obtain an employer identification number (EIN) from the IRS
  • Check with state and local government agencies to see if you need to register your business
  • Once all the necessary paperwork is filed and your business is registered, you will receive a certificate of formation
  • You’ll know that this step is complete once you have received a certificate of formation from the state.

Obtaining the Necessary Licenses and Permits

  • Research the types of licenses and permits that your business needs to operate legally in your state
  • Determine any additional requirements or special considerations to obtain the necessary licenses and permits
  • Submit the required applications and paperwork to the appropriate local and state agencies
  • Pay any associated fees
  • Receive your licenses and permits and keep them on file

Once you have completed the above steps, you can check this off your list and move on to the next step: Completing the Business Formation Process.

Completing the Business Formation Process

  • Draft the Articles of Incorporation or other formation document, depending on the type of business you’ve chosen.
  • File the Articles of Incorporation with the state.
  • Get an employer identification number (EIN) from the IRS.
  • Draft and adopt the bylaws of your business.
  • Issue stock certificates to shareholders, if applicable.
  • Hold the first meeting of the board of directors and shareholders, if applicable.

You will know that you’ve completed this step when you’ve filed the Articles of Incorporation with the state, received an EIN from the IRS, and held the first board of directors and shareholders meeting.

Registering the Business with the Relevant Authorities

  • Research which local, state, and federal agencies to register your business with
  • Contact each agency to determine required registration documents, fees, and tax obligations
  • File the proper paperwork with each agency to complete the registration process
  • Maintain records of all registration materials, including dates of filing and contact information
  • Receive confirmation of registration from each agency
  • Once all steps are completed, your business is officially registered with the relevant authorities and you can move on to the next step of the guide.

Overview of Commonly Used Terms of Business

  • Have a clear understanding of the legal terms and concepts used in business dealings
  • Know the difference between a contract and an agreement
  • Understand how to use legalese in contracts
  • Determine which type of contract is appropriate for different types of business transactions
  • Research the different types of contracts and how they are to be used
  • Understand basic concepts such as indemnification, warranties, and liabilities
  • Understand the difference between an offer and a counter-offer
  • Know the difference between an independent contractor and an employee
  • Understand any obligations you have to employees
  • Know when you need to seek legal advice

You can check this step off your list when you have a good understanding of the legal terms and concepts used in business dealings and have researched the different types of contracts and how they are to be used.

Understanding Key Terms and Concepts

  • Read through common terms and concepts related to business agreements
  • Understand the purpose of each term and its potential implications
  • Ask questions to colleagues or professionals if any terms are unclear
  • Make notes of any questions or terms that require further research
  • When you feel comfortable with the terms and concepts, you can move on to the next step.

Identifying the Different Types of Agreements

  • Research the types of agreements generally used in business, such as contracts, terms of service, memoranda of understanding, and non-disclosure agreements
  • Read up on the different types of agreements and understand the differences between them
  • Make a list of the types of agreements you would use in your business
  • Familiarize yourself with the legal terms and requirements of each type of agreement
  • When you feel comfortable with the different types of agreements and the legal requirements associated with them, you can move on to the next step.

Common Legal Documents Used in Businesses

  • Research the different types of legal documents used in businesses, such as contracts, terms of service, service agreements, and licensing agreements
  • Identify which documents are applicable to your business and the services it provides
  • Review the requirements of each document and the obligations of both parties
  • Consult with an attorney to review the documents and ensure they are valid and compliant with applicable laws
  • Once all documents are complete and signed, store them in a safe place for future reference
  • You can check this step off your list when all of the documents have been completed, reviewed and signed.

Understanding the Purpose of Legal Documents

  • Understand why legal documents are necessary for businesses
  • Research the different types of legal documents used in business
  • Become familiar with the purpose of the documents, including what the document will do and how it will be used
  • Ask questions if you don’t understand any of the terms in the legal documents
  • When you feel comfortable that you understand the purpose of the legal documents, you can check this off your list and move on to the next step.

Reviewing Commonly Used Legal Documents

  • Review commonly used legal documents, such as terms and conditions, non-disclosure agreements, etc.
  • Read through the document to understand the purpose and intent of the document, and any legal or technical language that may be included
  • Make sure to pay attention to any clauses and specific details that are included in the contract
  • Ask questions and clarify any areas of confusion or uncertainty
  • Once you feel confident that you understand the document, you can check it off your list and move on to the next step.

Drafting and Editing Legal Documents

  • Understand the different types of legal documents and their purpose
  • Research the laws and regulations that apply to the document you are drafting
  • Identify the information to be included in the document
  • Draft a legally binding document that complies with relevant laws, regulations and policies
  • Review the document to ensure that it meets the requirements and is accurate
  • Edit the document to ensure accuracy and clarity

You will know that you have completed this step when you have drafts and edited documents that comply with relevant laws, regulations and policies.

Understanding Business Taxes and Tax Obligations

  • Research and understand the federal, state, and local tax obligations for your business
  • Learn about the different tax forms associated with your business
  • Understand the deadlines for submitting your taxes
  • Ensure you have the necessary resources in place to complete your taxes accurately and on time
  • Determine any tax deductions and credits that you may be eligible for

You can check off this step when you have a solid understanding of the federal, state, and local taxes associated with your business and the resources available to complete your taxes.

Identifying the Different Types of Taxes

  • Understand the different types of taxes that your business may be subject to, such as federal income taxes, state income taxes, sales taxes, payroll taxes, and property taxes.
  • Gather information on the specific types of taxes that apply to your business, and what the requirements are for filing each type of tax.
  • Learn about the applicable tax rates and if any tax credits or deductions are available to your business.
  • Research the deadlines for filing taxes and any applicable penalties for late filing or payment.
  • Once you have identified the types of taxes and the requirements and deadlines for filing, you can check this step off your list and move on to calculating your tax obligations.

Calculating the Tax Obligations of a Business

  • Decide which tax jurisdiction your business falls under
  • Gather all required documents related to your business’s tax obligations
  • Research the specific tax laws pertaining to your business’s jurisdiction
  • Create a checklist of all taxes you are responsible for paying
  • Calculate the estimated taxes based on your revenue, profits and other factors
  • Record your calculations for future reference
  • When you have assessed your taxes, you can move on to understanding the tax reporting process.

Understanding the Tax Reporting Process

  • Become familiar with the tax reporting process, including filing deadlines and the forms you’ll need to complete.
  • Research any local, state, and federal taxes your business may be required to pay.
  • Make sure you understand how different types of income, such as self-employment income, are taxed.
  • Determine the best way to keep track of your business’s income and expenses so you can accurately report your taxes.
  • Understand the tax credits and deductions you may be able to claim.

When you can check this off your list and move on to the next step:

  • When you have a thorough understanding of the tax reporting process and the associated forms, deadlines, taxes, credits, deductions, and income types.

Understanding Intellectual Property Rights

  • Understand the different types of intellectual property, such as copyrights, trademarks, patents, and trade secrets
  • Learn what rights accompany each type of intellectual property and how they can be enforced
  • Research the laws in your jurisdiction that govern intellectual property rights
  • Become aware of the different licensing options available for intellectual property
  • Hire an attorney to review any licensing agreements you plan to enter into

You can check this step off your list when you feel confident that you understand the different types of intellectual property, the rights that accompany each type, the laws governing them, and the different licensing options available.

Identifying Types of Intellectual Property

  • Understand the different types of Intellectual Property, including patents, trademarks, copyrights, and trade secrets
  • Research what types of IP are applicable to your business
  • Make sure to include any relevant IP in the Terms of Business document
  • Once you understand the different types of Intellectual Property that apply to your business, you can move on to the next step of understanding copyright protection.

Understanding Copyright Protection

  • Learn about the different types of copyright protection and what each type covers
  • Understand how to register copyrights with the U.S. Copyright Office
  • Research copyright laws in your state
  • Check with the U.S. Copyright Office to see if any of your work is already copyright protected
  • Understand how long copyright protection lasts
  • Research whether or not your work falls under the doctrine of “fair use”

Once you’ve completed the above steps, you’ll have a good understanding of copyright protection and how it applies to your work. You will be able to move on to the next step, Understanding Trademark Protection.

Understanding Trademark Protection

  • Understand the differences between trademarks, copyrights and patents
  • Learn what types of trademarks are protectable and which are not
  • Research the trademark database to determine if your proposed mark is available
  • Apply for a trademark registration if your mark is eligible
  • Monitor your registered trademarks and take appropriate legal action if someone infringes on your trademark

Once you understand the differences between trademarks, copyrights and patents and have researched the trademark database to determine if your proposed mark is available and applied for the trademark registration if eligible, you’ll be ready to move on to the next step.

Understanding Business Insurance

  • Get familiar with the different types of business insurance and the coverage they provide, such as property insurance, business interruption insurance, product liability, and professional liability insurance
  • Understand who is covered under a business insurance policy, such as employees, customers, and suppliers
  • Research common exclusions in business insurance policies, such as floods, earthquakes, and war
  • Learn the types of costs associated with business insurance, such as premiums, deductibles, and co-pays
  • Understand the differences between group and individual business insurance policies
  • Determine which type of business insurance is best for your company
  • When you have a clear understanding of the different types of business insurance and the coverage they provide, you can move on to the next step.

Identifying Types of Insurance Coverage

  • Identify the types of insurance coverage that may be applicable to a business
  • Know the different types of coverage, such as property, liability, and worker’s compensation
  • Understand the differences between the types of coverage, such as the types of assets covered, the scope of coverage, and the exclusions
  • Research different insurers to compare coverage and premiums
  • Determine the most cost-effective coverage for your business

You can check off this step when you have identified the types of insurance coverage that are applicable to your business and understand the differences between the types of coverage.

Understanding the Role of Insurance in Business

  • Understand the purpose of insurance in business, including how it can protect assets, provide financial security and help manage risk
  • Learn how different types of insurance are used to cover specific risks and how they are applicable to your business
  • Research and identify potential insurance providers and policies that meet the needs of your business
  • When you have an understanding of the role of insurance in business and how it can be used, you can move on to the next step of identifying types of insurance coverage.

Assessing the Need for Insurance Coverage

  • Evaluate the potential risks and losses your business could face
  • Identify areas where insurance coverage could help protect your business
  • Determine the type of insurance coverage you need to suit the needs of your business
  • Calculate the potential cost of insurance coverage for your business
  • Research the different types of insurers available to you
  • Compare the different types of coverage, benefits, and costs offered by different insurance providers
  • Consider any special requirements you may need from an insurer
  • Make a decision on the best insurance coverage for your business
  • You can check this step off your list when you have identified the type of coverage, benefits and costs that best meet the needs of your business.

Understanding Liabilities, Indemnities and Warranties

  • Research and understand the different types of liabilities, indemnities and warranties and their definitions
  • Acquire advice from experts where necessary
  • Understand the different liabilities and warranties you may need to include in a contract
  • Familiarize yourself with the legal obligations and rights for each party
  • Draft a clause that outlines the liabilities, indemnities and warranties for each party
  • Once you have drafted an appropriate clause that is legally binding, you can check this step off your list and move on to the next step.

Identifying Types of Liabilities

  • Identify and understand the different types of liabilities associated with the business, such as contractual, tort, statutory, product, and environmental liabilities
  • Research the types of liabilities associated with the business and the jurisdiction it operates in
  • Analyze any potential liabilities that may arise from any goods or services that the business may offer
  • Understand the implications of each type of liability and how it may affect the business
  • Ensure that legal advice is sought to protect the business’s interests
  • When you have identified the different types of liabilities associated with the business and understand the implications, you can check this off your list and move on to the next step.

Understanding Indemnities and Warranties

• Understand the difference between indemnities and warranties
• Become familiar with the types of indemnities and warranties available
• Research applicable laws and regulations governing indemnities and warranties
• Consider the potential risks and liabilities associated with indemnities and warranties
• Evaluate the potential benefits of including indemnities and warranties in your business contracts
• Take the necessary steps to ensure that indemnities and warranties are properly incorporated in your business contracts

When you have completed this step, you will have a good understanding of indemnities and warranties and how they can be applied in your business contracts. You will be ready to move on to the next step - assessing the need for liability protection.

Assessing the Need for Liability Protection

  • Research the types of risks your business may face
  • Identify any potential liabilities that could result in financial losses
  • Analyze whether existing insurance coverage is sufficient or whether additional coverage is needed
  • Consider the cost of liability protection and whether the benefit outweighs the cost
  • Compare the cost and benefits of different types of liability protection, such as professional liability insurance, product liability insurance, and general liability insurance
  • Review potential policies to make sure they cover the risks you identified
  • Once you’ve assessed the need for liability protection, you can move on to the next step of understanding employment and contractual agreements.

Understanding Employment and Contractual Agreements

  • Review existing contractual agreements to ensure they are up-to-date and compliant with relevant regulations
  • Understand the differences between employment and contractor agreements, such as employee rights and entitlements
  • Assess the need for any new contractual agreements or updates to existing agreements
  • Familiarize yourself with the latest regulations and laws relevant to your business and industry
  • Consider any special clauses that may be required to protect your business
  • When you are confident that you have reviewed and updated the existing contractual agreements, and understand the differences between employment and contractor agreements, as well as the relevant regulations, you can move on to the next step.

Identifying Types of Employment Agreements

  • Identify the types of employment agreements, including full-time, part-time, temporary, freelance, and contract-based
  • Look into the different types of employment documents and contracts, such as offer letters, employment agreements, and non-disclosure agreements
  • Research the legal requirements and regulations that need to be met when hiring new employees
  • Understand the differences between employee and contractor rights and responsibilities
  • When you have a better understanding of the types of employment agreements, you can check this off your list and move on to the next step.

Understanding the Role of Contracts in Business

  • Understand the purpose of contracts in business
  • Recognize the importance of contracts to protect the interests of both parties
  • Familiarize yourself with different types of contracts, such as employment, supplier, and service agreements
  • Learn about the various elements of a contract, including the parties involved, the terms of the agreement, the duties and responsibilities of each party, and the consequences of non-compliance
  • Research the legal implications of contracts in your country and the requirements for making a contract legally binding
  • When you can confidently explain the role of contracts in business and are familiar with the legal requirements, you can check this step off your list and move on to the next step.

Drafting and Editing Employment and Contractual Agreements

  • Identify and understand the nuances of the different types of agreements, such as an employment contract, an independent contractor agreement, and a non-disclosure agreement
  • Research any applicable laws and regulations that may affect the agreement
  • Draft or review the agreement in accordance with applicable laws and regulations
  • Negotiate the terms of the agreement
  • Revise and edit the agreement as needed
  • When all parties have agreed to the terms and signed the agreement, you can check this step off your list and move on to the next step.

Understanding Business Financing and Loans

  • Research types of financing available to businesses, such as grants, loans, lines of credit, venture capital, and crowdfunding
  • Research the different terms and conditions associated with each type of financing
  • Research the costs associated with each type of financing, including interest rates, origination fees, and other charges
  • Understand the eligibility requirements for each type of financing
  • Understand the risks and rewards associated with each type of financing
  • Understand the repayment terms associated with each type of financing
  • Once you have completed your research you will have a complete understanding of the different types of business financing and loans and can move on to the next step.

Identifying Types of Financing Options

  • Research types of financing options available to your business, such as debt financing, equity financing, venture capital, and grants
  • Make a list of the financing options you’re eligible for and the pros and cons of each
  • Contact a financial expert to discuss the best financing options for your business
  • When you have a clear understanding of the financing options available to your business and the pros and cons of each, you can move on to the next step of understanding the role of financing in business.

Understanding the Role of Financing in Business

  • Understand the purpose of financing in business, and how it helps businesses to achieve their goals
  • Look at the different types of financing available, and decide which ones are suitable for your business
  • Research the different terms and conditions associated with each type of financing to determine what works best for your business
  • Consider the long-term implications of financing and how it could affect your business in the future
  • When you’ve done your research and understand the role of financing in your business, you can move on to the next step of assessing the need for financing and loans.

Assessing the Need for Financing and Loans

  • Assess the current financial situation of your business and the need for financing
  • Consider the cost of financing, including interest rates, fees, and repayment terms
  • Research different types of loans and financing options to determine which is the best fit for your business
  • Calculate the potential long-term financial impact of taking out a loan
  • If necessary, adjust the budget and financial projections of the business to accommodate a loan

You’ll know that you can check this off your list and move on to the next step when you have identified the type of loan or financing that best fits your business, and have calculated the potential long-term financial impact of taking out the loan.

Conclusion

  • Read and understand the terms of business proposed by the financing and loan provider
  • Make sure to check out any additional fees or costs that may be associated with the loan
  • Make sure to review the repayment schedule and any other conditions of the loan
  • Ask questions and make sure you are comfortable with the terms of the loan
  • Sign the document to agree to the terms of the loan
  • Once you have signed the document, you have concluded the process of assessing the need for financing and loans.

FAQ

Example dispute

Suing a Company for Breach of Contract

  • Plaintiff must prove that a valid contract existed between them and the defendant
  • Plaintiff must show that the defendant breached the contract in some way, such as by failing to perform their obligations or by acting in a way that was not in line with the terms of the agreement
  • Plaintiff must show that they suffered damages as a result of the breach of contract
  • Plaintiff can seek monetary damages to compensate them for the losses suffered, or they can seek specific performance, which is the court ordering the defendant to perform their obligations as specified in the agreement
  • If the breach is found to be willful, the plaintiff can also seek punitive damages to punish the defendant for their actions
  • Plaintiff may also seek attorney’s fees and court costs to cover the costs of bringing the lawsuit

Templates available (free to use)

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