What to do when a business breaches the contract?
Full Question:
Answer:
When someone breaches a contract, the injured party may sue for breach of contract and collect money damages in civil court. An out-of-state defendant may be served with the complaint under a state's long-arm statute if the requirements for exercising long arm
jurisdiction and due process requirements are met. If the defendant is out of state, due process requires that they must be shown to have contacts in the forum state of such a nature that they could reasonably foresee being sued in that state. Whether minimum contacts exist so that
the court has personal jurisdiction over an out-of-state defendant is a determination made based upon the facts and circumstances in each case.
Minimum contacts can be established by consent where a party signs a contract with a forum selection clause, agreeing to litigate in a specified forum. If minimum contacts don't exist, the defendant must be sued in the state where they reside or regularly conduct business.