To sustain a legal action for breach of contract in Florida, you must first prove you have an actionable case.
The courts in the Sunshine State have long held that there are elements that must be satisfied for you to sue for a broken contract or agreement.
Ask yourself these 4 questions to see if your case meets the standard:
1. Is there a legally-binding contract in place?
To bring a legal action, you must first prove that a valid and enforceable contract existed between the parties. This requirement is easier to satisfy when the agreement is in writing.
If you do not have a written contract of any kind, you will need to prove that the parties entered into a verbal agreement. This, although possible, is more difficult to do.
2. Did you perform as agreed?
Before you sue another party for breaching a contract, let’s first confirm that you fulfilled your obligations. Is there anything you agreed to do but did not?
3. Was the contract breached?
You have established a contract was in place and that you kept your end of the bargain. Now, you must prove that a breach actually occurred.
Show the court that the other party failed to perform, left his/her contractual obligations unfulfilled, or performed in an unsatisfactory manner.
4. Did you sustain damages due to the breach?
This last element is just as important as the first. A contract can be breached but if it did not result in damages, you may not satisfy this requirement.
You must prove that you sustained monetary, emotional or other damages due to the other party’s actions.
If you are dealing with a broken business agreement, and you can answer YES to the 4 questions above, contact our Fort Lauderdale contract lawyers today. Call 954-779-7009 or click here to email.
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