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)
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.
Jonathan Jacobs is a breach of contract attorney Orlando FL that offers consultations with clients where he will explain to you the elements of a breach of contract in Florida to help you resolve your legal issues. Call the Jacobs Law Firm today for a consultation in your contract dispute case, (407) 310-5636, or e-mail us to schedule an appointment: Jonathan@JJLawFL.com.
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