Breach of Contract
Jacksonville Florida Contract LawyerFlorida 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
- is a contract,
- a breach of that contract occurred,
- damages resulted from the breach, and
- there are no valid defenses for the breach.
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.