Breach of Contract Disputes
Gone are the days of the handshake agreement. Now, someone’s word is only as good as the contract that they signed.
Even then, there are those that will break an agreement if it benefits their interests. Worse still, there are those that will accuse someone of a breach of contract, even if no breach occurred, to suit their own interests.
Lawyer for Breach of Contract Disputes in Florida
Contract disputes can be extremely frustrating. Contracts are designed to avoid the headache of litigation. If you are involved in a breach of contract dispute, it is crucial that you find an experienced high level attorney that will aggressively protect your affairs. If someone is willing to breach a contract or falsely accuse you of a breach, they are actively looking to harm your interests.
The attorneys at Abrams Justice Trial Attorneys will fight tooth and nail to make sure you are protected and that the outcome is in your favor. Abrams Justice Trial Attorneys serves the greater Miami-Dade area including Miami, Homestead, Hialeah, Palmetto Bay, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables, and Cutler Bay. Call us today at (305) 709-0880 and make an appointment with us so we can give you a case evaluation and discuss your next steps.
Florida Breach of Contract Information Center
For there to be a breach of a contract there must have been a valid contract to begin with. This may sound obvious but it is easy to make the mistake of believing a contract has been formed when all elements of formation have not been fulfilled and likewise it can be easy to enter a contract without realizing it.
Required elements to form a contract in Florida include:
- Offer – A contract starts to form with an offer. The person making the offer (offeror) expresses to the other person (offeree) an intention that both parties be bound when the offeree accepts.
- The contract terms have to be clear enough that the parties could understand what each was required to do.
- The parties must be giving each other something of value. This can mean providing money, goods or services, or even a promise to do or not do something.
- Acceptance – When an offeree manifests their assent to the terms of the offer, there is an acceptance and a contract is formed. Acceptance can come in the form of either a promise or a performance.
- There can be no acceptance if the parties attach materially different meanings to their manifestations of assent. A famous example is the case of the Peerless, where there was a contract to buy cotton from a ship named the Peerless. It turns out there where two ships named the Peerless and the court ruled no contract was formed because both parties meant the other ship, and therefore there was no “meeting of the minds.”
Proving Breach of Contract
The State of Florida has created standard jury instructions for tort cases that make justice more uniform. To prove a breach of contract, all of the following must be proved:
- Both parties entered into a contract;
- The person making the claim did all or substantially all of the things required of that person by the contract. To put it in simple terms, they kept up their end of the bargain;
- All the conditions required by the contract for the defendant to perform occurred. For instance, paint was provided for a painter to perform his task;
- The defendant failed to do something essential that was required by the contract or the defendant did something that was prohibited and the prohibition was essential to the contract; and
- The person making the claim was harmed by the failure of the defendant.
Florida Breach of Contract Resources
Florida Statute for the Sale of Goods – Florida has adopted the Uniform Commercial Code to handle contracts related to the sale of goods. While the general contract rules above apply the same, there are additional requirements when it comes to the sale of goods. Of particular note is the requirement that a written contract is required for the sale of a good for a price of over $500. If a claimant tries to enforce the contract, the person whom enforcement is sough against must have signed the contract. The link will take you to the entirety of the statute.
Florida Jury Instructions – The Florida Supreme Court has produced standardized jury instructions for criminal and civil law. While the jury instructions can be altered by the trial courts and it is not necessarily the case that they must be applied exactly, the jury instructions are very instructive and useful when it comes to preparing for litigation. Section 416 is the relevant section regarding contracts and business cases. This link will take you to the Florida Supreme Court website and give you access to all civil jury instructions.
Find a Breach of Contract Dispute Attorney in Miami-Dade, FL
Even if you are certain that you are in the right regarding a contract dispute, winning a breach of contract case can be extremely difficult. Every word of that contract will need to be dissected and interpreted. You should not attempt to fight this on your own. Hiring an attorney that can not only go over a contract with a fine tooth comb but also know how to use the law to win a contract dispute is critical to making sure your interests are upheld.
Abrams Justice Trial Attorneys prides itself on attention to detail and aggressive advocacy for its clients. We represent people in communities throughout the Miami area including North Miami, Miami Beach, Miami Gardens, Doral, Homestead, Cutler Bay, Hialeah, Coral Gables and Pinecrest. Reach out to Abrams Justice Trial Attorneys at (305) 709-0880 and make an appointment to discuss your case with us. We can give you an honest evaluation of your case and help you take the next step in finding justice.