In Florida, a breach of contract occurs when one party fails to perform one or more stipulations in a contract. This could include substituting quality goods for inferior goods, failure to deliver goods, not completing a job, not paying on time, etc.
When a breach of contract has occurred, you can hire a Boca Raton civil litigation attorney to help you pursue the matter and achieve a positive result in the case. Your attorney will evaluate what occurred, determine what type of breach happened, and advise you on what your options are in regards to what kind of action you can take.
Experienced Breach Of Contracts Attorney
There are four main things that your attorney will look at when you present them with a breach of contract matter. They are:
Did the contract specify a certain degree of performance?
Did the contract breach violate Florida law?
Was the performance excused?
How severely was the contract breached?
These are just some of the questions that your attorney is going to ask when looking at the case. While the questions may seem simple, determining the answers can be made difficult because contracts often fail to state what the consequences of a breach will be.
It is also important to note that there are two types of breach: material versus non-material. A material breach is going to occur when the breach is serious enough to destroy the contract’s integrity. When this occurs, the injured party is not obligated to honor the contract and they may cancel it. They could also sue for damages.
A non-material breach occurs when the breach is not serious enough to destroy the entire contract. In these cases, the breach can be remedied and the injured party can still perform their obligations, minus any damages caused by the breach.
Remedying Breach Of Contract
There are remedies to breach of contract. There are legal remedies, equitable remedies, monetary damages that can be awarded, or restitution. Legal remedies are subject to certain principles and damages may only be awarded in specific situations. Equitable remedies can be awarded by themselves or in addition to other remedies, such as setting specific performance requirements or ordering restitution. Your Florida civil litigation attorney will fight for the right type of remedy for your particular case so that you and your business can move past the matter.
Contact A Boca Raton Civil Litigation Lawyer
Breach of contract occurs for one reason or another and that can lead to a civil litigation matter for damages that the victim may have sustained. Sometimes the matter can be negotiated and other times it has to go to court. If you are the victim of breach of contract, you can secure the representation of an experienced civil litigation attorney who can look out for your best interests and secure a positive result. To learn about how the Law Offices of Ronald M. Zakarin, P.A> can help you, call 561-338-5297 to schedule a free consultation.