In an ideal world, your business will thrive when entering agreements with supplies, contractors, landlords, customers, and other parties involved in your business. Unfortunately it is not always the case and sometimes it may require legal action to resolve such disputes. Our legal team at Rak Law Firm can help draft sound business agreements and negotiate on your behalf. Do you or your business seek relief from a breach of contract or dispute with another party? We can help.
What Is a Breach of Contract?
A breach of contract action presupposes that the contractual relationship is at an end because of a material breach by one party and damages are sought by the non-breaching party as a substitute for performance. Orth v. Orth, 338 So. 3d 363 (Fla. Dist. Ct. App. 2022).
What Are The Elements for Breach of Contract?
The three elements of an action for a breach of contract are: (1) the existence of a contract, (2) a breach of the contract, and (3) damages resulting from the breach. The Court of Appeal of Florida, Second District has identified the three elements for a cause of action for breach of contract as: (1) a valid contract, (2) a material breach, and (3) damages. JF & LN, LLC v. Royal Oldsmobile-GMC, 292 So. 3d 500 (Fla. Dist. Ct. App. 2020).
How Can RAK Law Firm Help Prevent Breach of Contract?
Our experienced team of attorneys have helped many clients over the years with all things contracts including contract disputes and breach of contract claims. We also have years of experience within the business litigation world and can identify how contracts should be written and how to best prevent a breach of contract. Methods used to avoid breach of contract might include:
- Draft clear and concise contracts
- Update contracts
- Review and revise any existing contracts
- Develop and understand potential risks that may be associated with owning a business and how they may be avoided or mitigated within contract drafting
Can I Sue for Breach of Contract?
When a breach of contract occurs or is alleged, one or both of the parties may want the contract to be enforced or may try and recover for any harm caused by the alleged breach.
Call RAK Law Firm at (407) 437-0319 if you would like an experienced contracts attorney to review your contract regarding its enforcement or review of potential breach of contract claim.
Potiential Remedy Types for Breach of Contract:
Remedies available for a breach of contract are damages, restitution, and specific performance. Regarding a claim for breach of contract, the purpose of a damages award is to restore an injured party to the same position that he would have been in had the other party not breached the contract. A damages award must be supported by legally sufficient evidence. Farman v. Deutsche Bank Nat’l Trust Co., 311 So. 3d 191 (Fla. Dist. Ct. App. 2020).
Elements to Breach of Contract:
The elements of an action for breach of contract are: (1) the existence of a contract; (2) a breach of the contract; and (3) damages resulting from the breach. It is elementary that in order to recover on a claim for breach of contract the burden is upon the claimant to prove by a preponderance of the evidence the existence of a contract, a breach thereof and damages flowing from the breach. Progressive Am. Ins. Co. v. Gregory, Inc., 16 So. 3d 979 (Fla. Dist. Ct. App. 2009).
Why Is Contract Review so Important?
Hiring an experienced business law attorney to review documents such as contracts and agreements many play a crucial role in business development and success. Contracts and agreements may be legally binding documents, where the parties are legally obligated to comply with any terms, conditions and responsibilities identified within the document.
The way the document is drafted may play a large role in determining outcomes to potential disputes and liabilities.
Because these agreements can have such a significant impact on a business, it is recommended you seek legal advice and review before a document is used in the business setting. There are documents that may be more important than others in terms of hiring an attorney to review and/or draft, these include but are not limited to:
- Partnership agreements
- Contractor agreements
- Non-disclosure agreements
- Non-compete agreements
- Sales contracts
- Employment agreements
Contact us today to schedule a case evaluation and get started.
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