Food conglomerates have contracts in place controlling the functions of each company and their responsibilities. A breach in contract with a food conglomerate can have a severe effect on your business and profits. Filing for a breach of contract lawsuit can get complicated if you are not familiar with the elements to prove a breach of contract. Consult with a complex business attorney to get started.
Miami Food Conglomerates Breach of Contract Attorney
Bringing an action for breach of contract against another party can be difficult. Contracts are meant to establish an agreement in place so that both parties know their duties and responsibilities on paper. Consulting with a complex business litigation attorney can raise your chances of proving your case.
Our attorneys at Abrams Justice Trial Attorneys can meet with you to explore all your legal options. We will analyze to see what type of contract breach the other party partook in and recover the right damages for that type of breach. We have unmatched experience with complex business litigation cases pursuing damages over $50,000.
Call (305) 709-0880 to schedule a consultation. We work with clients in the cities of Miami, Homestead, Hialeah, Coral Gables, Cutler Bay, and more.
Food Conglomerates Information Center
- Types of Breach of Contract
- Grounds to File Breach of Contract
- Force Majeure Clauses & Other Exceptions
- Effects of Breach of Contract Claim
- Additional Resources
Types of Breach of Contract
Breach of contracts involving food conglomerates can affect various situations in which a manufacturer or supplier breaks a contract with a distributor or vendor and vice-versa. A breach of contract can be anything from a small clause to breaking away from the contract entirely. The types of breach of contract are the following:
A Material Breach – A material breach is when a party receives something completely different than was agreed on the contract that causes quantifiable damages.
Minor Breach -A minor breach is when a party fails to act on the part of the contract, but the other is still receiving the product, good, or service stated in the contract and no material damages have resulted.
Grounds to file Breach of Contract
If required by contract, a plaintiff must deliver notice of breach of contract to the defendant before taking legal action, in order to give them an opportunity to cure the breach.
Fla. Std. Jury Instr. (Contract & Bus.) 416.4 indicates that a breach of contract claim must establish the following to be true:
- (Claimant) and (defendant) entered into a contract;
- (Claimant) did all, or substantially all, of the essential things which the contract required [him] [her] [it] to do [or that [he] [she] [it] was excused from doing those things];
- [All conditions required by the contract for (defendant’s) performance had occurred;]
- [[Defendant) failed to do something essential which the contract required [him] [her] [it] to do] [(defendant) did something which the contract prohibited [him] [her] [it] from doing and that prohibition was essential to the contract]; and
- (Claimant) was damaged by that failure.
Fla. Std. Jury Instr. (Contract & Bus.) 416.7 cites contract implied in law—a claimant has provided a benefit to the defendant, and the defendant knows of the benefit and accepts or retains the benefit. The law implies that in all fairness, the defendant is required to pay for the benefit.
A breach of contract with a food conglomerate existing out of a contract implied in law can involve a case in which a food supplier delivered several products to the supermarket chain stores, upon which had been agreed. However, the owner of the supermarket never paid the money agreed to the supplier.
Force Majeure Clauses & Other Exceptions
Though a breach of contract is generally considered a cause for legal action between companies, certain circumstances allow for an injunction for breaking the terms of an agreement temporarily or permanently. A contract that is found based on gross actions or fraudulent or illegal terms can be automatically considered as voidable and illegitimate. Any specific terms mentioned within the contract alluding to any particular situation or event stopping the company from performing its contractual duties are also a valid reason to impede carrying out the responsibilities of the contract when applicable.
The Force Majeure Clause constitutes a force that is greater than both parties (i.e., acts of God, wars, acts of public enemies, strikes, fires, floods, and other similar causes). The force affects the operation of contractual duties by a contractor, subcontractor, or supplier so that the contract may absolve any party that is a party to the contract from legal action arising out of that party’s inability to carry out the their contractual responsibilities. For example, in case of a hurricane in Florida, a Floridian fruit supplier may be excused from delivering product to a grocery store, if the crops were destroyed by a catastrophic event beyond their control.
Effects of Breach of Contract Claim
An action for breach of contract can result in the whole contract being rescinded or voided. A material breach found in a lawsuit for breach of contract relinquishes the non-breaching party from fulfilling the rest of the contract terms unless it is purposely besieging the other party. On the other hand, while a minor breach still requires the non-breaching party to perform the rest of the contract. A minor breach is not an actionable reason for breaking the contract in its entirety. Damages in a recovery lawsuit for breach of contract can include:
– Actual Damages (compensatory)
– Quantum Merit
– Nominal Damages
– General Damages
– Punitive Damages
Florida Standard Jury Instructions | Breaches of Contract – The Florida Standard Jury Instructions provide information regarding general civil instructions in pursuing a lawsuit for breach of contract. Click to learn more about the breach of contract and its different elements for the cause of legal action.
Occupational Safety and Health Administration | Force Majeure Clause Standards – The Occupation Safety and Health Administration has set specific standards for the operation of individual facilities that may not comply during occurrences described inside the force majeure. The Force Majeure clause is there to protect business owners and looking into OSHA compliance regulations during such an incident can be helpful to know if a business is allowed to continue to perform as normal.
Lawyer for Food Conglomerates Breach of Contract in Miami-Dade County
Breaches of contracts can be partial or represent a breach of the entire agreement. If the other party has failed to act on part or in full of all contractual duties, you may have grounds to file a breach of contract lawsuit for your damages. Our attorneys at Abrams Justice Trial Attorneys can help you recover restitution or any damages arising out of the failure to complete contractual duties.
If the other party has failed to fulfill contractual duties, you do not have to remain committed to the contract that is not in your best interest. At Abrams Justice, we will assess your damages and file the corresponding breach of contract claim. We understand that failure to adhere to a contract can cause colossal damages to your business, and the breaching party must be held accountable.
Call us at 305-709-0880 for a free, confidential consultation. We work with residents in the counties of Miami-Dade, Broward, and Palm Beach County.