We have discussed the importance of doing business in Florida with a valid contract. But that is just one piece of the puzzle. The other is the conclusion of the contract.
Are all obligations fulfilled by the parties involved?
Despite having a contract in place, there will be times when a party fails to fulfill his/her obligations and breaches the agreement.
This can cause substantial damages for you and other parties that are injured by the “breacher’s” actions.
On the other hand, a breach by one party terminates the valid contract – which may release you from your contractual obligations.
How Breach of Contract Cases are Reviewed
In Florida, the courts have established a clear standard of review for breach of contract cases.
Three elements must be satisfied to prove that a breach occurred and you are entitled to damages.
1. Valid Contract
First, you must prove that a valid contract exists. A written contract signed by all parties will likely satisfy this requirement.
If you are relying on a verbal contract, this element can be difficult (but not impossible) to prove.
2. Material Breach
Next, you have to show the court that the breach was major (material) and not minor.
In Sulkin v. All Florida Pain Management, Inc., the court said that failure to perform a minor part of a contractual duty cannot be classified as a material or vital breach.
3. Damages
To recover damages due to a contract breach, you must prove the damages were sustained as a direct result of the breach.
There are many court cases in Florida that deal with broken contracts and damages.
If your company has been injured by another party’s breach, contact our contract lawyers to discuss how you can recover the damages you sustained.
Give us a call at (954) 779-7009 or email our attorneys directly.
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Tags: breach, contract, elements, Florida, Fort Lauderdale
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