Gregg H. Glickstein, P.A. Articles Breach of Contract in Florida Business Litigation

Breach of Contract in Florida Business Litigation

By Gregg H. Glickstein, P.A.  Dec. 23, 2013 11:22a

Breach of contract is a common issue which can lead to the need for business litigation. A breach of contract occurs when a party to an enforceable and valid agreement violates the agreement in some way. If the breach cannot be remedied outside of the courtroom between the two parties, then the aggrieved party may sue the other party for damages. In order to do so, the aggrieved party will have to prove several things in court in order to succeed. He or she will have to provide evidence to the court that a valid contract existed between himself and the defaulting party, that a violation of one or more of the terms of the contract occurred, and that damages are due for the loss of time, expenses, materials, or more. In some cases, the aggrieved party may require that the offending party perform what is expected under the terms of the contract. Additionally, in some cases punitive damages may be sought by the aggrieved party as a punishment to the other party for behavior that is considered to be especially negligent or malicious.

A valid contract, whether written or verbal, consists of three elements. These elements are called an offer, an acceptance, and something of value, called consideration in legal terms, that is exchanged between the parties. For example, Party A offers to provide a service to Party B. The terms of the service agreement are set forth with both parties consenting to them. Finally Party B agrees to pay a specified amount of money to Party A once the services have been rendered. If either party fails to live up to the terms agreed upon between them, a breach of contract occurs. This breach will need to be resolved, either through negotiation or through intervention by a court.

Different types of breach of contract can occur. A fundamental breach of contract is a violation of the terms of the agreement that is so basic that it provides justification for a termination of the contract by the aggrieved party and entitles him or her to sue for damages. An anticipatory breach of contract occurs when one of the parties communicates by word or action that he will not carry out the terms of the contract.

Business Litigation Lawyer in Palm Beach County, Florida

A breach of contract can become a major threat to the viability of any business operation or project. Those who are involved may need sound legal advice and assistance in resolving such a breach, through alternative dispute resolution methods or through courtroom litigation. Getting the legal guidance you need is vital in these matters; you will want an attorney who is experienced in handling such cases in the courts in your local area.

Gregg H. Glickstein P.A. is a business and commercial litigation firm serving individuals and businesses throughout Palm Beach County. As a business attorney, Mr. Glickstein has close to 30 years of experience in this area of law. His capable legal representation has earned him the highest rating from Martindale-Hubbell, the national lawyers' rating organization, based on peer reviews. He is also an Avvo Top Contributor for 2013 in Litigation. His firm provides cost-effective legal solutions for all business problems, no matter now complex. Contact the firm to schedule a consultation about your legal issue as soon as possible.

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