Utah Court Records
Contract Disputes and Property Disputes in Utah
In Utah, contract disputes arise when an entity defaults by not meeting the terms of the contract. Property disputes are also similar to contract disputes. The difference is that property disputes involve assets or real estate such as pools, driveways, and land. Most times, it is a rift among landlords, tenants, or neighbors. In Utah, the judiciary system has courts established to handle cases of contract disputes and property disputes. In such hearings, the non-breaching party known as the plaintiff sues the breaching party or defendant for compensatory damages. Depending on the circumstances surrounding the contract dispute case, the court may resolve or dismiss the lawsuit. Utah state allows for self-representation or the employment of an attorney in a contract or property dispute.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in Utah?
Contract disputes are also called a breach of contract, and it occurs when the defendant cannot fulfill the obligations in the agreement, resulting in damages. There are three types of contract breach in Utah, and the non-breaching party has to determine the one that relates to the contract.
- Material disputes are common and are unresolvable. This means that the contract will be terminated by the judge as it involves the defendant’s inability to carry out the primary purpose of the agreement. An example is when a party purchases a dress online, believing it is an adult dress, only to discover that the dress is actually for dolls. That defeats the main aim of the purchase.
- A partial breach or minor breach is another type of contract dispute which is resolvable and not irreparably broken like a material breach. Here, some or most of the terms in the contract are met. It does not affect the contract’s overall goal, and as such, the non-breaching party may decide to sue for damages based on the unmet terms of the contract. An example is an agreement between a DJ and a party planner to play a list of songs at an event. In such a case, the DJ happens to play the songs but not all of them.
- Lastly, there is an anticipatory breach. Here, a contract dispute occurs when an entity that is meant to perform a certain task in respect to a stated period in the future is unable to do so when the time finally arrives. In such a case, before the plaintiff files the lawsuit, the prospective defendant has to have indicated positively and explicitly that there is no intention to meet the terms of the contract.
What are the Most Common Contract Disputes in Utah
Contract disputes are one of the most popular lawsuits in the state of Utah, and examples are;
- Non-Disclosure Agreements (NDAs): Employees or partners agree to keep specific details confidential or restrict access to certain secrets. Going against the terms in the contract leads to disputes amongst the participating parties.
- Company Contracts: This is a legally binding agreement involving two or more entities to carry out a specific function. A dispute occurs when any of the participating parties have issues with payment or disagree on the contract terms.
- General Material Breach: The failure of one party to perform according to the agreement in a contract is a material breach.
- Non-Compete Agreements: This type of contract prohibits a partner or employee from engaging in competitive activities. It also binds the disclosure of trade secrets without authorization. Failure to uphold the agreement causes disputes.
What is Utah Contract Law?
According to Title 15 of the Utah code, the state recognizes verbal, written, or implied contract and breach of contract claims. The contract law outlines the legal procedures following a breach of contract. However, fraudulent transactions in the contract are invalid.
What is a Breach of Contract in Utah?
Breach of contract refers to the situation in which a party to a contract does not meet the terms of the agreement, following Title 15 of the Utah Code. Parties guilty of breaching a contract are required by law to compensate the non-breaching party. Compensatory damages may include performing the act in the agreement (if possible) or paying a sum.
What are the Remedies for a Breach of Contract in Utah?
Most contract dispute cases are handled in small claims court if the monetary damage request is less than $10,000. Under Utah law, damages are awarded to the non-breaching party to compensate for the inconvenience or troubles the contract dispute caused. Remedies for a breach of contract in Utah include:
- General damages: A monetary award.
- Specific Performance: Mandated order to fulfill contract terms, usually for partial breach.
- Contract Rescission: A court order that places both parties in pre-contract positions.
- Contract Reformation: A court order that comprises an amendment of terms to explain the parties’ intent accurately.
Interested individuals can file a breach of contract case through the relevant local county court by contacting the office of the clerk in person, by email, or via the telephone. The next step is to draft the claim, explaining the case background and the reason for the compensation request. Once the necessary forms are completed, the petitioner will submit the documents to the clerk’s office with a receipt of the necessary fees. The final step involves serving the erring party the claim to notify the breaching party about the lawsuit officially. This is crucial. Otherwise, the judge will rule in favor of the plaintiff if the defendant does not show up in court as long as there was proof that the individual is aware of the court summons.
What Defenses Can Be Used Against a Breach of Contract Claim in Utah?
In contract disputes, the defendant can emerge victoriously and have the breach of contract claim dismissed. This is only possible if the following criteria are met;
- The case was presented at the court of the wrong jurisdiction.
- The plaintiff did not serve the defendant a subpoena.
- The plaintiff served the defendant with the Claims complaint after the deadline, according to the Utah statute of limitations.
- The plaintiff did not attend the mandatory mediation.
What are Property Disputes in Utah?
Dispute arising from disagreements over the use or ownership of a property is called a property dispute. The Office of the Property Rights Ombudsman provides property rights information to Utah citizens. The Utah Code section 57–1–45 provides legal details guiding boundary line agreements.
What Are Some Common Types of Property Disputes in Utah?
Property disputes in Utah are of various types and these are:
● Disputes regarding the title of the property
● Land encroachment disputes
● Inherited land disputes’
● Misuse of the leased property
How to Find Property Lines in Utah
Property lines define the actual size of the land. Interested individuals can locate property lines in the state through the Utah State Parcels. Issues on property lines are resolved according to Bahr v. Imus 2011 UT 19; 250 P.3d 56.
How do I Find a Property Dispute Lawyer Near me?
Property dispute attorneys are essential to triumph in a property dispute lawsuit. Although, self-representation is allowed by the law in Utah state. The Utah State Bar has a comprehensive list of lawyers within any selected county or neighborhood. A legal service search page is also available via the Utah judiciary.