Breach of Contract
Orlando Breach of Contract Attorney
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Mike Dear is an AV Rated breach of contract lawyer in Orlando Florida. He handles breach of contract, contract disputes, contract review, contract creation, and litigation when suing for breach of contract.
Before hiring an Orlando breach of contract attorney, it is important to understand the basic process of breach of contract litigation in Florida. Sometimes, disputes are inevitable even when all the terms and conditions are clearly stated and written down in a contract and signed by the parties involved. When a party fails to fulfill the contract requirements and meet their obligations, they commit a breach of contract. If you believe you or your business has been harmed by a breach of contract, it is imperative that you seek the advice of an experienced attorney, especially if you want to protect your rights and business interests.
Types of Breach of Contract
In Florida, there are three different types of breach of contract. These are:
A material breach of contract occurs when one party fails to carry out their duties as outlined in the contract. The breach defeats the original purpose of the contract and breaks the agreement between the parties. If a material breach occurs, the other party is no longer required to fulfill their contractual duties. Additionally, the non-breaching party may also sue the delinquent party for damages occurring as a result of the beach.
A non-material breach of contract is similar to a material breach of contract in that it involves a party failing to perform their contractual duties. However, non-material breaches are usually minor in comparison and do not affect the overall ability for the contract to be carried out. A non-material breach does not necessarily cancel the agreement between the parties.
With a non-material breach, the non-breaching party will retain the right to seek damages for any harm caused by the breach. However, the party is still required to perform their side of duties as stated in the contract.
An anticipatory breach occurs when one of the parties, abiding by the contract, declares that they do not intend to fulfill the contractual obligations and duties.
The guidance of an experienced contract attorney can help you determine whether a breach of contract has occurred, whether it is material or non-material, and what type of compensation you may be entitled to.
Types of Breach of Contract Cases in Court
If a breach of contract case goes to trial, the outcome of the case will depend on many factors, including the type of breach. Material breaches involve major elements of the contract and are likely to yield higher damages to the non-breaching party. Non-material breaches have a minor effect on the contract, and the courts may oblige the parties to honor the contract despite the breach. You can gain a better understanding of your options by speaking with an experienced breach of contract attorney.
Breach of Contract Remedies
The courts of Florida have the power to order equitable or legal remedies. Equitable remedies include specific performance, injunction, rescission, and restitution while legal remedies include compensatory damages and punitive damage. However, the most common remedy is the payment of monetary damages as it indemnifies the plaintiff for the loss suffered due to the breach of contract.
Contract Dispute Litigation
There are three components to the formation of a contract:
- An offer.
- Acceptance of the offer.
- Something of value exchanged between the parties.
Often, the exchange is a good or service exchanged for the promise of payment, but a mutual exchange of promises to perform will also form a valid contract.
To prove a breach of contract case in Florida, the Plaintiff must prove the existence of the contract, that the Defendant breached the contract, and that the Plaintiff suffered damage as a result of the breach. The burden to prove these elements is on the Plaintiff, who must prove by greater weight of the evidence that each element occurred.
Litigating a Contract Case
Before choosing to litigate a breach of contract case in Orlando as either the plaintiff or the defendant, a significant review of the facts, the potential defenses and an evaluation of the damages to be sought should occur.
It is crucial for a litigant to fully understand the best day in court as well as the potential for a loss and an award of attorney’s fees to the other side, or the likelihood that counterclaims will result from the filing a lawsuit.
Proposals for Settlement (Attorney’s Fees)
When one party and their attorney is interested in settling a lawsuit, they may initiate a proposal for settlement. This legal decision pertains to Florida statute 768.79 and Florida Rule of Civil Procedure 1.442. The proposal for settlement entails assessing the attorney’s fees and other costs for the party that has offered to settle a case prior to trial. The rule dictates that the defendant files for a proposal for settlement, the plaintiff is required to obtain a verdict of higher than 75% of the amount proposed by the defendant. If the plaintiff cannot secure a verdict of over 75% of the settlement, the plaintiff is responsible for the defendant’s attorney fees and costs.
Consult an Attorney for Breach of Contract Case Representation
If you have experienced a breach of contract, get in touch with us today. Our lawyers will help you analyze the contract and categorize the breach so that you have a clear understanding of the situation at hand.
At the Law Office of Michael L Dear, we have a team of experienced breach of contract lawyers who are skilled and qualified in resolving any dispute related to business and real estate contracts. Moreover, we understand the ins and outs of mediation, arbitration and negotiation. If we find the opportunity to settle the case that is in your best interest, we will avoid the court. If not, then we will take your case to trial and fight aggressively to help you seek justice. We work diligently to protect the rights of our clients and resolve dispute issues as quickly as possible.
Our breach of contract lawyers understand the intricacies of contract law, and have the litigation skills to navigate the complex legal system. We will help you explore your legal options and provide you with step-by-step guidance and assistance through the entire process. We value your privacy and will keep your information strictly confidential.
Contact our law office today at 407-494-6105 for an initial case evaluation. Alternatively, you may send us a message about your case using our online contact form. We have helped hundreds of clients; we can help you too.