What are Florida’s Breach of Contract Elements?Īfter proving you have a valid contract and that it was breached, you’ll need to show it caused damages. To receive financial recovery, the plaintiff must prove the following: Which the parties cannot perform within one year from the contact date.Involving the transfer of interest in land.Some, but not all, contracts must be in writing and signed by the party who would be the defendant to be enforceable. All parties had the capacity to enter the contract.Both parties gave consideration , and there was enough certainty in the central contract terms.Valid contracts in Florida must include the following elements: While contract types can vary, the typical elements of a breach of contract include:īefore determining whether there was a breach, you must prove that a valid contract exists.
You’ll want to speak with an experienced contract attorney who can help determine what to do next in your unique circumstances. If you’ve relied on a contract and the other party breaches it, you may have a legitimate claim. A breach of contract can occur between big businesses, small businesses, and even individuals.Ī breach of contract can leave you in a bad position in some cases, should the other party also default you ma y be left clambering to minimize any financial risks and damages. This can include the failure to pay on time, failure to complete a job or deliver goods by a specified time, substituting inferior products, and much more. In the state of Florida, a breach of contract occurs when a party to a contract fails to perform one or more of their contractual obligations.
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