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THE CIVIL COMPLAINT

A breach of contract lawsuit involves a claim by one party to a contract that Twitter did not live up to the agreed-upon terms. The elements needed in your Complaint for that Cause of Action are explained.

BREACH OF CONTRACT

A breach of contract lawsuit involves a claim by one party to a contract that Twitter did not live up to its agreed-upon terms with you. Such a lawsuit must first prove that a contract existed between the plaintiff and Twitter, then that the plaintiff performed his obligations as agreed upon, while Twitter failed to perform or breached its obligations as agreed upon -- and the plaintiff suffered damages as a direct result of that breach.


Consequently, the component parts of a legal claim or cause of action for a breach of contract can be restated as follows:


•There was a valid contract.

•The plaintiff performed as specified by the contract.

•Twitter failed to perform as specified by the contract.

•The plaintiff suffered an economic loss as a result of Twitter's breach of contract.


Each part must be identified in the Complaint.

ELEMENTS OF THE CIVIL COMPLAINT

Certain sections of a complaint tend to be boilerplate language(for example, the greeting, damages, jury demand, prayer forrelief). When looking at a complaint, sections are separate and inthis order:

• Case caption -

Tells which court you are in and who the parties are. Leaves room for the court clerk to stamp a case number onto. Don't put this information in column format.

• Title of the pleading -

The title here would be Complaint.In some jurisdictions, it is called a Petition.

• Short introduction - 

typical introduction might state,"Comes Now the plaintiff, John Doe, pro se, who alleges:" (It can be just this short)

• Parties -

Who the parties are and where they reside to show the court it has personal jurisdiction over the parties.

• Allegations or Statement of Facts -

What happened. Tell the story of the account suspension. Tell the story in the most succinct way possible. Don't skip around. Try to keep the flow so it is convincing. 

• Causes of Action -

The legal theory being asserted. What duty does Twitter have towards members? How did Twitter breach that duty? How were you hurt by Twitter's breach?

• Damages -

What is plaintiff asking for? A general damages request if often common language used in nearly every complaint. Since this boilerplate language, you may cut from other complaints that you have found to paste into your new complaint pleading. BUT keep in mind that depending on the causes of action you may need to be a more specific in your damages demand.

• Prayer for Relief -

Ask the court nicely to help the plaintiff. Commonly considered boiler plate.

• Date when the complaint is submitted to the court-

This is especially important because there will always be a statute of limitation, a statute of repose, etc., and time matters to the law.

• Address information and signature -

This is usually done single spaced, not double spaced. The Court needs to know the contact information, so do not forget to include street address, city, state and zip,phone number.