Legal Question in Civil Litigation in Virginia

breach of contract

If the complaining person fails to show for court can the Economic loss doctrine be used to recover Attorney fee for breach of contract??


Asked on 10/11/03, 5:18 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: breach of contract

well, no, but that's because you've latched onto the wrong concept. The economic loss rule is a way of excluding certain kinds of cases from legal remedies, not a way of awarding compensation.

be sure to ask that the case be dismissed "with prejudice" - that means the case can't be brought up again. if the case was totally bogus to begin with, and there really was no reason to be there other than to hassle you, tell the court that and ask for sanctions for the filing of a frivolous suit. if you lost money from being off of work, etc, be sure to tell the court how much and why.

if the case has already been heard, you can file a written motion that must be heard within 21 days of the final order. the clerk's office may have a fill-in-the-blank form to use for that purpose.

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Answered on 10/11/03, 9:43 pm


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