This is a letter used to notify a party to a contract (the "breaching party") that they have breached a provision or term or condition of the contract. It is usually sent by the party that did not breach the contract (the "injured party").
A Cease and Desist Breach of Contract Letter or Contract Violation Letter is sent by the injured party to the breaching party to notify them that they have breached a provision, term, or condition in a specific contract.
The injured party refers to the harmed individual or entity claiming that a party has breached their contract. It also refers to the party filing and sending a Cease and Desist Breach of Contract Letter.
The breaching party refers to the individual or entity that has breached a contract. It also refers to the party receiving the Cease and Desist Breach of Contract Letter.
Cease and Desist comes in two forms — an injunction and a letter.
A Cease and Desist Order is an injunction enforced by the government to someone to stop a particular activity. A Cease and Desist Letter is issued or written by an attorney or anyone to denote a cautionary notice to the recipient and threaten legal action if they keep infringing lawful rights.
The two forms vary in legal power. A Cease and Desist Order yields legal power as it is issued by a government agency or a court, requiring the offender to stop the activity and respond to an agency or court.
Whereas a Cease and Desist Letter is not legally binding as it is issued or written by an individual or an attorney. It does not obstruct the offender from resuming the activity, but legal action may be enforced for non-compliance. Furthermore, one of many uses of Cease and Desist Letter is to resolve a breach of contract.
If you have signed a contract with an individual who breached your agreement, file a Cease and Desist Breach of Contract Letter. It will serve as a notice to the breaching party to perform your agreement or discontinue the offending activity.
The breaching party may be subjected to a lawsuit if the offending activity continues. Though they are not legally obligated to respond, you may use a Cease and Desist Breach of Contract Letter to request a response from them.
Filing a Cease and Desist Breach of Contract Letter may be complicated. An attorney may advise you about your possible violated rights or if you have legal and meritorious rights to file such a letter.
It is wise to seek advice from an attorney when filing a Cease and Desist Breach of Contract Letter. However, having an attorney is optional.
TIPS ON FILING A CEASE AND DESIST BREACH OF CONTRACT LETTER
Use Cease and Desist Breach of Contract Letter to formally send a notice to a party to perform your contract or discontinue an offending activity.
However, a Cease and Desist Breaching of Contract Letter is not legally binding. Thus, you cannot enforce it on the breaching party, and they do not need to respond to your letter.
It must not necessarily be enforced to threaten a breaching party. There are cases when a party is not aware that they are breaching a contract. Thereby, immediately send a Cease and Desist Breach of Contract Letter to notify them.
If the breaching party acknowledges your letter and comply with your request, the dispute may be resolved. If they ignore your notice and refuse to stop the offending activity, get legal help.
PAGE 1. REQUEST TO CEASE AND DESIST ALL ACTS OF BREACH OF CONTRACT
The injured party must fill out Page 1.
HEADING
This contains the sender and recipient’s information.
Sender’s Name
Enter your name.
Sender’s Address
Enter your address.
Sender’s City, State, & ZIP Code
Enter your city, state, and ZIP code.
Date
Enter the date of filling out.
Receiver’s Name
Enter the receiver’s name.
Receiver’s Address
Enter the receiver’s address.
Receiver’s City, State, & ZIP Code
Enter the receiver’s city, state, and ZIP code.
BODY
This contains the body of your letter.
Dear
Enter the recipient’s name.
On
Enter the date when the recipient has signed a written contract.
And
Enter your name or the injured party’s name whom the recipient had signed with.
Purpose of Contract
Enter the purpose of the contract.
Between you and
Enter your name or the injured party’s name.
Actions of Breach of Contract
Enter the actions committed by the recipient that breach the contract.
Violation of the
Enter the violated agreements in the contract.
Signed on
Enter the date when the recipient has signed the contract.
Established between
Enter your name or the injured party’s name.
To protect
Enter your name or the injured party’s name.
CLOSING
Name and Signature
Enter your signature over your printed name.
Date
Enter the date.
PAGE 2. ASSURANCE TO CEASE AND DESIST ALL ACTS OF BREACH OF CONTRACT
The breaching party must fill out Page 2.
I,
Enter your name or the breaching party’s name.
Between me and
Enter the sender or injured party’s name.
Signed on
Enter the date when you have signed a written contract with the sender.
I fully understand that
Enter the sender or injured party’s name.
Violation regarding to
Enter the violated purpose of the contract.
I understand that
Enter the sender or injured party’s name.
Monetary damages that
Enter the sender or injured party’s name.
Signed by
Name and Signature
Enter the sender or injured party’s signature over their printed name.
Date
Enter the date.
You may send the accomplished Cease and Desist Breach of Contract Letter through email and postal mail.
Emailing your Cease and Desist Breach of Contract Letter is an easy process. However, some legal counselors prefer sending a physical copy of the letter by mail with a return receipt, such as U.S. Postal Service Priority Mail or FedEx. It helps you keep evidence that the letter was sent and received.
Use a licensed process server granted by the court to deliver your letter if the recipient lives in your area.
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