[Petitioner] accomplished her undertakings under the subject Agreement and the Undertaking. You may avail of the following legal forms and sample contracts for free for business or personal use: Affidavit of Loss (ID, Drivers License, Wallet)Special Power of AttorneyDeed of Sale of Motor Vehicle(car, bus, van, jeepney, tricycle, motorcycle)Deed of Sale of Titled LandFree Legal Aid Available in the Philippines … We are linked to www.Karlinlaw.com Contact: info@karlinlaw.com tel number 714-731-3283. Specific performance arises where plaintiff seeks enforcement of a contract alternative to money damages as remuneration for some breach. and as to those matters, I believe it to be true. The existence of an unavoidable delay is a question of l… <>. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained. For attorney fees in an amount determined by the court to be reasonable as authorized by agreement and according to proof; 4. By the terms of said written agreement, ___. It is an example from what has been used in another matter or case, and Art. A summon letter and a complaint letter serve different purposes. fair and reasonable. ... (Explain why specific performance is the only adequate remedy and why . In order to do this, the Buyer may record, with the County Recorder's office in which the property is located, a document called a "Notice of Lis Pendens." PDI v. Alameda . REPUBLIC OF THE PHILIPPINES FOURTH JUDICIAL REGION REGIONAL TRIAL COURT IMUS, CAVITE JOCELYN KUDERA, CIVIL CASE NO. Consequently, and pursuant to the agreement of the parties, [66] petitioner is liable for liquidated damages in the amount of P29,440.00 per day of delay, which shall be limited to a maximum of 10% of the project cost or P294,400.00. When you sue for breach of contract, you can generally sue for money compensation. enforcement of the provisions of the agreement. I would like to say that I don’t agree with what you wrote in the letter, and I dispute your property damage claims. Complaint for Specific Performance to Enforce Settlement and for Punitive Damages. For example, specific performance is usually ordered in cases wherein an award of damages would not be enough to remedy the situation, such as cases involving the sale of real property. A breach of contract template is an act of breaking the terms and conditions set out in a contract. Ferrer Construction v UST . (damages, if awarded, cannot be properly ascertained since there § 1640. A.The Plaintiff(s) Provide the information below for each plaintiff named in the complaint. A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. Based on the facts of your case, perform legal research to identify the claims that you can legitimately plead and damages you can seek. Regular price $79.99. Complaint for Replevin. A party’s breach of contract gives rise to certain remedies in the non-breaching party, in particular (1) an action for money damages, and (2) in certain circumstances, a suit for specific performance of the contract. I am not responsible for any of the damages you mentioned in the letter because – [State reasons why you are not liable for property damages]. Sample Complaint Letters . <>. You can assert affirmative defenses while still denying the allegations in a complaint. Should a Buyer file a lawsuit to obtain the remedy of "specific performance," it needs to make sure that the Seller does not sell the property to another buyer while the lawsuit is pending. been forced to secure the services of the legal firm of KINSEY and existing under the laws of the State of California with principle Clements v. Leonard, 70 So.2d 840 (Fla. 1954). The Karlinlaw Free Legal Information Blog. Sort. The caption of the complaint below was denominated as one for “specific performance and damages.” The relief sought, however, is the conveyance or transfer of real property, or ultimately, the execution of deeds of conveyance in their favor of the real properties enumerated in the provisional memorandum of agreement. 2. That Plaintiff is of legal age, married, Filipino citizen and a resident of … Philippine Legal Forms is the site to find the basic formats of standard and frequently used legal forms, contracts and agreements in the Philippines e.g. OF A CONTRACT TO CONVEY REAL PROPERTY (28 U.S.C. I, ___, am a ___in the above-entitled By the terms of said written agreement, the Plaintiff Each sample letter comes with guidelines and advice to help you find the right words. 2230. 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