Justia Lawyer Rating
lawyer.com
Super Lawyers
NAELA
Martindale-Hubbell
AVVO
AFELA

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.

Client Reviews
★★★★★
"As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. I have used the services of Mr. Goldman and his staff over the last several years and continue to use them on a regular basis. His office has been able to navigate the court system and help estates sell their property quickly and efficiently..." Michael Starling
★★★★★
"I've had Mr. Goldman do my entire estate planning as well as my gun trust. I highly recommend him and his firm. If you're planning a gun trust, trust no one else Mr. Goldman is one of if not the best versed on this topic." Howard
★★★★★
“Attorney Robert Wilbert of David M Goldman, PLLC, will be the first and only attorney I would ever recommend to a consumer in my position. Mr. Wilbert was professional, answered my numerous questions without hesitation, provided straightforward answers and options. He explained the process thoroughly. He was available to assist before and after the process to make sure all issues had been resolved…” Kameron Knowlton
★★★★★
“Great service is an understatement. We bought several properties that Mr. Goldman handled for his clients. The communication and explanation of everything was terrific. I would definitely recommend him for all of your real estate needs.” Kassandra
★★★★★
“After struggling with 2 probate cases prior to hiring attorney Goldman I was extremely apprehensive during the hiring phase. Not only did Attorney Goldman assure me they could take care of this his office was wonderful. Jennifer was assigned to my case and she was wonderful and were able to guide another probate case I had saving me additional time and frustration. Highly recommend this office.” Debbie