QUESTION

I filed a breach of contract lawsuit for non payment of 190000 dollars and the attorney for the defendant says I failed to file a cause of action?? I

Asked on Feb 13th, 2014 on Breach of Contract - South Carolina
More details to this question:
I thought breach of contract was the cause of action? I cam trying to get paud for money due, so what would my specific cause of action be called? I need to file an amendment to my lawsuit and add this cause of action. Thanks
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Breach of contract is a cause of action, but it is possible that you failed to plead all of the elements of that cause of action, which include a valid contract, breach by the other side, performance of all contractual obligations on your side, and damages caused by the breach.  Of course, the attorney for the defendant will always argue that you have done something wrong, that doesn't mean that  he/she is right.  You don't have to amend until the  Court tells you you have to, and when and if it does, it will specify the defects in your pleading, which you can then correct.
Answered on Feb 13th, 2014 at 1:47 PM

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