Breach of Contract
Many business relationships are built upon contractual agreements which create legal obligations. These relationships may exist between or among business partners, fiduciaries, employees, customers or vendors. When one party believes that another did not perform or pay as required under a contract, they may have or make a claim that the other party breached it. There are often many subtle and important legal issues which may affect the outcome of a claim of breach of contract.
To form an enforceable legal contract under Florida law, there must generally be an offer, an acceptance, consideration given, a breach of performance and resulting damages.
Examples of contracts which are generally disputed in business litigation matters include employment contracts, construction contracts, non-disclosure agreements, non-compete agreements, partnership agreements, operating agreements, shareholder agreements, customer contracts, joint venture agreements, leases, asset purchase agreements, stock purchase agreements, franchise agreements and others. Each of these types of contracts or agreements is unique and we have dedicated pages on this site to each. Please click on the hyper-linked phrases above to learn more about these particular types of contracts.
There are varying remedies and damages available to businesses and individuals who have suffered from another party's contract breach. Types of relief may include equitable remedies such as rescission of the contract or specific performance, direct compensatory damages, lost profit damages, liquidated damages, incidental damages, consequential damages, injunctive relief, recovery of attorney's fees and costs, declaratory relief and others. Again, we have dedicated pages on this site to provide you with resources for learning more about these issues.
An enforceable contractual agreement may be established in a number of ways. The most commonly-known type of contract is one that is written and signed; however, enforceable contracts can be formed under Florida law in other ways. For instance, oral contracts are enforceable under Florida law except for in certain specific circumstances. Actions of parties can form a contract under Florida law in certain circumstances. Text messages, invoices, e-mails and other communications can be the basis for or evidence of contractual agreements and breaches under Florida law. The Uniform Commercial Code may dictate when and under what circumstances contracts are formed between businesses. Additionally, even if an enforceable contract is not formed, there may be "quasi-contract" and equitable principles that operate to provide relief to a party who, for instance, acts in reasonable reliance upon the representations of another party or confers a benefit upon another party.
Brick Business Law has deep expertise in litigating and advising on business-related contract disputes. We pursue and defend breach of contract cases. If someone has accused you or your business of breaching a contract, or you believe that someone else has failed to perform under a contract with you, please contact Brick Business Law for a free initial consultation.