Elements of a Breach of Contract in Florida
The elements of a breach of contract in Florida are: (1) the existence of a contract, (2) a breach (material breach) of the contract, and (3) damages resulted from the breach. DNA Sports Performance Lab, Inc. v. Club Atlantis Condo. Ass’n, Inc., 219 So. 3d 107, 109 (Fla. 3d DCA 2017), Abbott Labs., Inc. v. Gen. Elec. Capital, 765 So. 2d 737, 740 (Fla. 5th DCA 2000). For a claimant (person that starts the lawsuit) to win damages from the defendant for an alleged breach of contract, there are two additional elements that must be proven. Contact Jonathan Jacobs, breach of contract attorney Orlando FL today for a consultation regarding your breach of contract action.
According to the Supreme Court’s standard jury instructions, the following five elements of a breach of contract in Florida must be proven by the plaintiff for a jury may award him or her or the corporation damages: (The instructions are paraphrased and I have included notes for you to better understand their meaning)
- Plaintiff and defendant entered into a contract; (this can be proven in a number of ways, even if the contract was oral)
- Plaintiff did all, or substantially all, of the essential things which the contract required him/her/corporation to do or that he/she/corporation was excused from doing those things; (obligations under the contract, often called conditions precedent. If one party has fulfilled all of their obligations and gotten nothing in return, a material breach has taken place)
- All conditions required by the contract for defendant’s performance had occurred; (plaintiff performed its part of the bargain, and defendant did nothing in return, or the performance they rendered was so inadequate as to be relatively valueless)
- Defendant failed to do something essential which the contract required him/her/corporation to do; AND
- Plaintiff was harmed by that failure. (If there are no damages, why spend the money to bring a lawsuit?)
Breach of Contract Attorney Orlando FL
As a breach of contract attorney Orlando FL, I can list practically unlimited scenarios in which a breach of contract can be alleged. A few common examples of the breach of a contract for services are: catering, car repair, wedding singing, birthday party entertainment, and video production failures to perform, show up, or provide a reasonable service as contracted for by the parties. An example of a breach of contract for goods is the shipment by the supplier to you the retailer, of nonconforming goods. You ordered 100 silver iPads with 64 GB of memory, and you received 100 iPads with 12 GB memory in gold. Remember the rule, as the plaintiff/claimant, you must prove all elements of a breach of contract in Florida.
For more information on breach of contract actions such as Florida timeshare cancellation, small claims lawsuits, suing unlicensed contractors, unlicensed contractors suing homeowners, wrongful terminations of employment, creditors suing debtors, mold infestation, and other forms of civil litigation, call your contract attorney Orlando FL today.