Breach of Contract

Florida breach of contract occurs when one or more parties fail to perform any term of a contract without a legitimate legal excuse. One of the primary element for a claim of Breach of Contract is that there must be a valid contract. To create a valid contract there must be an offer, acceptance, and consideration. Often the parties can create these elements through actions that they take that are consistent with the creation of a contract.

Some examples of breach of contract are not paying on time or not paying in full, failure to complete a job, failure to deliver all goods in the contract, delivery of the wrong goods or services, or any other act that shows a failure to complete all or a part of the contract.

The claimant (person brining the breach of contract action), must prove by a preponderance of the evidence (more likely than not) that there

1. is a contract,
2. a breach of that contract occurred,
3. damages resulted from the breach, and
4. there are no valid defenses for the breach.

There are many types of contracts and the requirements for each vary by state law. Some contracts are governed by the statute of frauds, which require a writing signed by the party who is in breach. Other contracts have implied terms and / or conditions that are created by the Florida UCC and deal with the sale of goods.

Florida contracts law seeks to put the parties in the position as if the breach had not occurred. Unless there is a statutory justification, or clauses in the contract, attorneys fees may not be recoverable.

To find out more about Jacksonville or Florida Business contracts law or a breach of contract that is related to Florida CONTACT a Florida Business Lawyer by email or call us at 904-685-1200 to discuss your situation today.