Tuesday, April 22, 2014

Civil Case Attorneys Virginia Fairfax Contract Breach

If you are dealing with a civil case such as breach of contract, specific performance etc. in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Lloyd v. Francis Co Ltd

Facts:

In selling insurance to the owners who were in the process of building their house in Fairfax, the agent promised the owners that while the house was under construction it would be covered for the full replacement cost. The agent stated she would be personally liable for any excess. After the house burned down, the insurance carrier refused to pay the replacement cost. The agent demurred on the ground that the motion for judgment failed to state a cause of action. The court noted that the motion for judgment alleged the breach of a separate contract made between the owners and the agent of the insurance carrier, made in her capacity as an individual, but the owners failed to allege consideration. Absent consideration, there was no enforceable contract and, thus, no cause of action. Since the agent's duty to the owners arose solely from the owners' contract with the insurance carrier, the economic loss rule barred recovery and the demurrer could be sustained for failure to state a cause of action. Since the owners' motion alleging constructive fraud failed to clearly allege the existence of a common law duty, independent of any contract, that cause of action could not stand.

If you are facing a civil case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:

  •   Care should be used that the elements of contract and breach are properly alleged, for if these elements are not stated, the motion for judgment is insufficient. The essential elements of a cause of action for breach of contract are (1) a legal obligation of the defendant to the plaintiff; (2) a violation or breach of that duty or right; and (3) consequential injury or damage to the plaintiff. A demurrer will be overruled where the motion for judgment alleges and provides factual support for a distinct promise, a valuable consideration, a breach of that promise, and damages.
If you are dealing with a civil case in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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