To prove the existence of a contract under Florida law, a plaintiff must plead: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms. A breach of contract is a legal cause of action where the contract is not honored by a party to the agreement. A party filing a breach of contract cause of action must allege damages resulting from the breach. A breach of contract action may seek to compel performance, rescind, or collect damages.
When the injured party receives money damages, the amount awarded is to put the person in the position he would have been if the agreement had not been breached. In unique circumstances, the breaching party may be required to perform the duties required by the agreement. This remedy of specific performance is seen in breach of real estate contracts. Finally, there is rescission. The non-breaching party will be put into the position he was in before the contract was executed.
A material breach is caused when a defendant’s nonperformance goes to the essence of the contract. Our Fort Lauderdale law firm can analyze issues that may exist in a dispute and help determine the proper course of action. Unfortunately, agreements are breached all the time. Anyone who enters into a contract should always read and understand the document before signing. An experienced attorney is a useful resource in helping to understand exactly what is required by an agreement. The Ft. Lauderdale attorneys at Schecter Law are well equipped to handle all aspects of contractual disputes.