Breach of Contract Claims in Florida
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In simple terms, a broken contract is a broken promise for which the law provides a remedy. Unfortunately, in today’s world, broken promises occur far too often. When one of the parties to a contract breaks his promise by failure to perform his obligations under the terms of a contract and the breaching party has no legal justification for the breach, the injured party has a right to file a lawsuit for breach of contract. Breach of contract is one of the most common claims in civil litigation.
A breach of contract occurs when any act or omission of a party does not live up to the promises exchanged in the contract. Generally, it is not relevant whether the breach is intentional or unintentional. Although there are limitations, verbal contracts are generally enforceable.
In order to win a breach of contract claim in Florida, a party must prove:
- Existence of a valid, enforceable contract
- A promise within the contract was broken
- The broken promise caused damages to the non-breaching party.
A plaintiff in a successful breach of contract claim may be awarded money damages in the amount caused by the defaulting party, or in some cases the court might order a remedy known as “specific performance.” Specific performance is a court order to perform according to the terms of the agreement. However, specific performance generally only occurs when the goods in question in the breach are unique. For example, in a breach of contract claim for the sale of a piece of property where the defendant is currently refusing to sell, the court may order the defendant to the specific performance of selling the property, per the terms of the contract, to the plaintiff.
If you’ve suffered damage from a breach of contract, then you have a limited window of time to file a civil litigation lawsuit. It is critical that you speak to an attorney quickly to preserve and defend your rights. Call our firm to speak to a South Florida Breach of Contract Lawyer today.
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