What to Include in a Breach of Contract Complaint

What to Include in a Breach of Contract Complaint

Breach of contract complaints are common, in many cases where the contract and the claimed breach is simple. There are four general elements to a breach of contract complaint in Chicago and most other cities: (1) that there was a contract; (2) that the party suing performed its obligations; (3) that the party complained of failed to perform its obligations; and (4) that the breach caused damages. There are both state and federal courts in Chicago, but the requirements to file a breach of contract complaint are similar.

Where the contract is not clear from a writing, you may have to allege how the contract was formed: that there was an offer, an acceptance and consideration (the promises exchanged). The offer would have to be explained so that the court is satisfied that the terms were reasonably definite and certain.

It is a good practice to describe the parties: their businesses, their goals with respect to the contract, the importance of the agreement, and their course of performance. As a matter of form, we usually include allegations showing that we have filed the lawsuit in the correct city and court. Include a jury demand if you want one and are entitled to it.

Damages can be explained as direct, consequential, and incidental. Include an explanation of your harm and an estimate of its quantification if you can. In many cases, the exact harm caused is the subject of expert testimony that is not yet available when the complaint is filed.

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