Nothing is perfect in life, neither are business relationships. It is impossible to think about business partnerships without considering the possibility of one party to a business contract suing the other(s).
In this context, Florida entrepreneurs should know how to defend themselves if they find themselves as defendants in a breach of contract lawsuit. Only denying the plaintiff’s claims is not sufficient, as it is vital to work with a business litigation lawyer to defend your case in court.
In this article, you will discover how to defend against a breach of contract in Florida.
Breach of Contract – Explaining the Concept
A breach of contract occurs if a party fails to fulfill the agreement, either in part or as a whole. To file a lawsuit for breach of contract in Florida, the plaintiff must show evidence of the three elements that incur contractual breach under Florida law, which are:
- The existence of a valid agreement between two or more parties
- The existence of a material breach to that valid agreement
- Damages incurred from the breach of contract
How Do You Defend Against a Breach of Contract in Florida? – The Essentials
Determining the Contract’s Validity
Before defending yourself in court, sit down with a business litigation attorney to have the contract assessed.
In Florida, the validity of a legal agreement depends on a set of requirements, so it is crucial to confirm whether or not a contract is valid before proceeding with further action. Under Florida law, the elements for a valid contract include:
- An offer made by one party
- The acceptance of that offer by another party
- Both parties’ recognition that the contract’s terms were reasonably certain
- Both parties’ ability to enter the contract
- Both parties’ recognition that the contract was legal
An expert attorney will assess each element of the contract to know whether or not it is valid. If not, it will be helpful in the defense process.
Determining the Existence of a Material Breach
After confirming the contract’s validity, a legal advisor will search for a material breach of contract. A material breach occurs when the party injured by a contractual breach has the right to seek damages in court.
In Florida, civil litigation courts tend to understand the occurrence of a material breach when one of the parties severely violates the terms and conditions of a legal agreement. Hence, the plaintiff must demonstrate that the defendant did not fulfill his part of the contract.
If the plaintiff cannot demonstrate the defendant did not perform as required in the agreement, he will not be able to show that the contract was materially breached.
Determining Whether the Plaintiff is Entitled to Damages
If the contract is valid and there was a material breach incurred by the defendant’s actions, the plaintiff must show evidence of suffered damages.
When a plaintiff in a breach of contract lawsuit fails to show the existence of damages incurred by the defendant’s failure to fulfill his contractual obligations, the defense attorney gains a defensive edge.
Work with Jurado and Farshchian, P.L. to Defend Against a Breach of Contract in Florida
Contract law is a complex matter, so it is fundamental to work with a well-versed and experienced attorney when defending against a breach of contract in court. With a decade of experience defending Florida entrepreneurs in different fields of law, Attorney Romy B. Jurado can help you win in court.