When you sign a contract, you are agreeing to assume certain legal obligations that would not have otherwise applied to you (such as delivering goods by a certain date, for example). A breach of contract occurs when one party fails to meet their contractual obligations, thereby breaking or breaching the contract.
In some cases, it is very clear that the contract has been breached, but in other cases you may need considerable litigation to determine whether a breach even occurred. In Florida, there are three elements that are necessary to prove a breach of contract. They include:
- There must be a valid contract in existence
- There has been a “material” breach of an obligation under the contract by the other party involved in said contract
- There were damages resulting from the breach of contract.
By the way, although Florida law states that there must be a material breach, there’s no formula for determining whether a breach is minor or material, it all depends on circumstances. So delivering goods a day late in one case might be considered too minor to meet the requirements of being “material,” unless those goods were needed on a specific date for a specific reason that resulted in major material damages. Only an experienced attorney can tell you whether or not your circumstances meet the Florida requirement of being a material breach of contract.
If you’re questioning if you should file a breach of contract lawsuit, it’s best to contact an experienced attorney, like those at ZinnLaw, early on in the process. We can help you understand if you have grounds to file a suit and we will be frank with you about your chances of winning. You’ll also find out how much time and money will be required to move your case forward. Our attorney will explain the various ways your case could be settled: out of court, in mediation, an alternative settlement or in trial by a judge or jury.
Experienced Contract Law in Southwest Florida
If you’re ready to move forward with a breach of contract case, you’ll need a good civil litigation attorney who’s prepared to fight on your behalf. Most of the law governing contracts has developed over time, through precedent set by other cases. That’s why it is important to have an experienced contract law attorney, like those at ZinnLaw in your corner if you are dealing with a potential breach of contract.
Brian Zinn is highly experienced in contract law and can not only help look over an existing contract or agreement but can step in to litigate if the contract terms are breached. Zinn has 16 years of experience practicing law in Florida. He will use his expertise in the legal profession to fight for you and your rights. If you’ve been the victim of a breach of contract, let ZinnLaw help you get the damages you deserve.
If you’ve encountered a breach of contract scenario, let us help. Contact us today so we can review your case. We look forward to helping you reach an equitable solution to your contract dispute.
