Remedies For A Breach Of Contract In Florida

Fulfilling the terms in a?contract?is one of the most fundamental concepts in doing business. This way, the parties involved in a legal agreement must abide by the terms and provisions under the contract(s) under which they operate.?

However, many times one of the parties to a contract fails to perform as agreed, which may incur a?breach of contract. In such cases, are there any remedies to compensate the injured party?

In this article, you will find out the remedies for a breach of contract in Florida.

Remedies for a Breach of Contract in Florida – An Overview

A breach of contract occurs when a party involved in a legal agreement fails to fulfill one or more of the contract’s terms. However, there are various elements to determine the existence of a breach of contract claim.?

Accordingly, a judge or jury will determine the existence of a breach of contract before awarding damages to a plaintiff.?

First, it is necessary to determine whether the contract in place was a valid and binding agreement between two or more parties. If the contract is deemed valid, the next step is determining the damages incurred from the contractual breach.

For example, when one party fails to pay the other party in a contract, the non-breach party suffers monetary damages incurred directly from the breach of contract. So, the affected party can seek legal remedies in court.

Damages

There are many types of legal damages available in cases involving a breach of contract. Usually, a plaintiff that succeeds in a?lawsuit?for breach of contract may receive either general/compensatory damages or special damages.

General or compensatory damages are a manner to compensate a plaintiff as to put him/her in the position he/she would have been in if the breach of contract has not occurred.?

On the other hand, a plaintiff may receive special damages if he/she suffered an indirect loss from the breach of contract. However, this type of solution is not applied often.?

Also, a plaintiff may receive liquidated damages, which are paid when a contract specifies the amount of damages required in case a breach of contract occurs.

Restitution

In essence,?restitution?refers to refunding a party harmed by a breach of contract. Typically, courts in Florida utilize restitution as a remedy for situations involving unenforceable contracts or even contracts with impracticable terms.?

It is worth noting that restitution and compensation do not refer to the same concept. In cases of restitution, the damages are calculated based on how much the defendant gained from the breach of contract.

Differently, in cases of compensation, the damages are calculated based on the plaintiff’s loss incurred from the breach of contract.

Contract Rescission

Rescission refers to an equitable remedy that permits a party involved in a legal agreement to cancel the contract. Usually, courts in Florida may order rescission if there is no other legal remedy available to an injured party.

In such cases, both parties may agree to rescind a contract, or it may be unilateral if one party incurs a material breach of contract.?

Once a court has determined a contract rescission, it relieves the parties from their contractual obligations. In Florida, restitution is often the legal remedy used in cases of breach of contract involving fraud.

Specific Performance

In some situations, the remedy for a breach of contract is a court ordering or requiring one side to perform its legal obligations under the contract, which is called specific performance. This type of solution is an equitable remedy, meaning it is often harder to obtain in court.

While this type of decision has a compensatory approach, it differs from compensatory damages as simply refunding would not be enough to compensate the injured party. In such cases, it is crucial noting that a plaintiff must think strategically when deciding the type of remedy to pursue in court.

Hence, it is important to consider factors such as the value of the contract and the reason why the contract was not fulfilled by the breaching party.?

In many situations, a breaching party could be physically unable to perform the contract, so asking a court to determine specific performance would be practically useless.

Remedies for a Breach of Contract in Florida – Work with Jurado and Farshchian, P.L.

Are you seeking remedy for a breach of contract in Florida? Work with an expert contract attorney in Florida to defend your rights in court. Contact Attorney Romy B. Jurado?today by calling?(305) 921-0440?or send an email at?[email protected]?to schedule a consultation.

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