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Schecter Law

Posts Tagged ‘broken agreement’

Protect your Business in these Common Disputes

July 21st, 2010

By Mark Schecter | 4 Comments »

CourtroomBusiness disputes are a common problem for both large and small companies. In fact, litigation has increased substantially when it comes to business-related issues.

While we have discussed broken contracts and agreements in detail on this blog, there are several other legal issues that business owners are susceptible to on the road to success.

Lets discuss three common disputes you will want to protect your business from:

1. Employment Disputes

Employment is a complex area of law. Three disputes that often lead to lawsuits are discrimination, sexual harassment, and workers compensation claims. There are others, including wrongful termination and trade secret issues involving current and former employees, that you may be forced to deal with.

2. Breach of Contract Disputes

A written contract is a legally binding agreement. The parties are obligated to perform services and provide products as promised. Unfortunately, contracts are not always honored. While some end amicably, others are breached. Those broken agreements can cause your business to lose money and force you to file a lawsuit to recover your damages.

3. Business-to-Business Disputes

There are many advantages to building business-to-business relationships. When they are on one accord, two or more companies can support, strengthen and generate word-of-mouth buzz for each other. However, those same relationships can get messy when disagreements come into play. These types of disputes can lead to costly litigation that is not beneficial for either business.

Learn how to put contracts in place that will protect your business and reduce the likelihood of disputes when you grab a copy of our free guide – Business Contracts Basics: What Every Florida Business Owner Must Know About Contracts.

Simply enter your full name and primary email address, click the “Send my Guide!” button below, and check your inbox to get access to your guide.

Photo credit: pennstatelaw

Common Defenses to Florida Breach of Contract Claims

July 17th, 2009

By Mark Schecter | No Comments »

We have discussed business contracts in detail on this blog – including what constitutes a valid agreement and the types of contract breaches.

In this article, we are going to address 6 common defenses your business can use to defend breach of contract claims.

If you have been accused of breaking a agreement, you want to continue reading.

1. Statute of Limitations
The SOL is the time limit you have to pursue a legal action. A breach of contract lawsuit must be filed within 5 years of the breach in Florida. If not, the claim is permanently barred which prevents any type of recovery.

2. Duress
Duress occurs when you are pressured, forced or coerced into signing a contract. According to Florida law, you can use this defense against breach of contract claims.

3. Implied Covenant of Good Faith and Fair Dealing
The implied covenant of good faith and fair dealing requires every party of a contract to act according to its purpose. While this is a commonly used defense, it should be noted that it will not negate the terms of a valid contract in Florida.

4. Impossibility of Performance
If you are unable to perform as per contract terms due to circumstances beyond your control, this is referred to as impossibility of performance. Florida courts have established this as a legitimate defense to select breach of contract claims.

5. Unconscionable Contract Terms
A contract is unconscionable if the terms are unjust, unfair or outrageous.

6. Unilateral or Mutual Mistakes
A unilateral mistake occurs when one party is mistaken about the terms of a contract. A mutual mistake happens when all parties misunderstood the contract at the time of signing. Under Florida law, a mistake may be a legitimate defense for not performing as obligated.

If you are being sued for breaking a business agreement, you must understand how to defend and protect your business and personal interests. This article addresses a partial list of defenses; one or more may apply to your situation. There may be other defenses available to you that have not been covered in this blog post.

Do not delay! Contact our business lawyers to discuss your legal options. Give us a call at 954-779-7009 or click here to email us.

When a Breach of Contract Occurs

July 13th, 2009

By Mark Schecter | 6 Comments »

A business agreement will generally conclude in one or two ways.

The parties of the contract will perform as  agreed or someone will not fulfill his/her obligations.

When the latter happens, a breach of  contract occurs which can result in substantial damage to the party  injured by the breach.

Types of Contract Breaches

In Florida, there are basically two types of contract breaches – minor and material.

1.  A minor breach may involve failure to perform a specific term of the contract and usually does not result in significant damage to either party.

2.  A material breach typically occurs when someone totally fails to perform as per an agreement. This type of breach can terminate the entire contract and result in irreparable damage to all parties.

If you have been injured by a contract breach, you may be able to recover your losses.  Contact our Florida contract lawyers today to discuss your legal options.