Normally, you would label the first cause of action as "Breach of
Contract". Then under that heading you would include (among all other
required elements) all facts constituting breach, including all
instances of breach.
I don't know of any pleading rule that would prevent you from having
three causes of action in the complaint, all of them for breach of the
same contract, with each cause of action pertaining to a different
breach. Such a form could be subject to a motion to strike as
containing repetitive material, but I don't see why the defendant
would bother. I expect that your state has pleading rules I am not
aware of.
I don't see any strategic advantage in splitting the cause of action.
If there is more than one contract, use a separate cause of action for
each. But not for each section (unless, of course, that you have
thought of some strategic advantage).
McGyver
Lets say a contract has section A, B, C, and there was a breach of
all
sections.
a)Would you write complaint stating cause of action as:
"First cause of action Breach of Contract A, B, C"
OR
b)Would you write complaint stating cause of action as:
"First cause of action Breach of Contract A"
"Second cause of action Breach of Contract B"
"Third cause of action Breach of Contract C"
I am focusing on strategic elements of advantage or disadvantage or
is
there a mandatory rule?
-Stan
