Breach Of Contract

Contracts (oral or written) are integral parts of our daily lives. Whether in a personal or commercial setting, promises are exchanged to bind parties to act or perform. These promises are not always kept. When that happens, the other party can pursue a lawsuit for damages sustained as a result of that broken promise.

A party filing such a business or insurance lawsuit must prove that a valid contract existed, that the other party did not keep its promise (breach), that the breach resulted in damages, and that the breaching party has no valid defense. Damages are generally limited to monetary damages. However, the goal of the law is to put the parties in the position as if the breach had not occurred and not to punish the breaching party.

There are many types of contracts and the requirements for each vary by state law. Some contracts are governed by the statute of frauds, which require a writing signed by the party who is in breach. Other contracts have implied terms and/or conditions that are created by the Florida UCC and deal with the sale of goods. Please contact us to learn more about how our firm can assist your business in assessing its litigation strategy including review of your insurance coverages, non-compete agreements, and operating/partnership agreements.

The analysis of a breach of contract claim is complex and requires an attorney with the proper experience. If you are an insurance or business client, find out more about breach of contract claims and how they can be handled in your case. Call our office in Miami, Florida, 800-559-6307.

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