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Asked in CA May 19, 2022 ,  0 answers Visitors: 1
What is the point of filling a "declaratory relief action" for "breach of contract" especially when there is no action against either party and all it does is determine the rights and duties of both plaintiff and defendant, how does this help me, (plaintiff) when I feel that the defendant breached the contract?
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3 Answers

Anonymous
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Posted on / Dec. 29, 2011 08:28:00

I strenuously disagree with Mr. McCormick in his position that "the declaratory relief cause of action is usually just a throw away pleading that attorneys use to cover their backsides..."

When one actually understands the cause of action, one realizes that it can be quite powerful. It seeks a court declaration of the parties' rights, when an actual controversy exists.

Do not think of it as "a throw away." I think that would be wasting a, possibly, valuable legal tool.

Anonymous
Reply

Posted on / Dec. 29, 2011 08:28:00

I strenuously disagree with Mr. McCormick in his position that "the declaratory relief cause of action is usually just a throw away pleading that attorneys use to cover their backsides..."

When one actually understands the cause of action, one realizes that it can be quite powerful. It seeks a court declaration of the parties' rights, when an actual controversy exists.

Do not think of it as "a throw away." I think that would be wasting a, possibly, valuable legal tool.

Anonymous
Reply

Posted on / Dec. 29, 2011 08:28:00

I strenuously disagree with Mr. McCormick in his position that "the declaratory relief cause of action is usually just a throw away pleading that attorneys use to cover their backsides..."

When one actually understands the cause of action, one realizes that it can be quite powerful. It seeks a court declaration of the parties' rights, when an actual controversy exists.

Do not think of it as "a throw away." I think that would be wasting a, possibly, valuable legal tool.

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