Breach of Contract Attorney in Orlando, Florida
Practice Areas
Business disputes are inevitable in the dynamic world of commerce and can manifest in various forms, creating significant disruptions if not handled efficiently. One of the most common forms of business disputes is a breach of contract, where one or more parties fail to fulfill the obligations outlined in the contractual agreement. Breaches can range from minor infractions to severe violations, potentially leading to substantial financial and reputational damage. An experienced breach of contract attorney is essential to overcoming these serious matters, protecting your interests, and seeking appropriate remedies.
At Keough Law, PLLC, we understand how when a contract is breached, it can have severe consequences for both your business and personal life. Our skilled and reputable business lawyer is here to help you navigate the complex legal process and advocate for your rights. Contact us today to set up a time to discuss your case during a free initial consultation.
What Is Breach of Contract?
A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally binding agreement.
In Florida, a contract is formed when the following elements are in place:
An offer - a promise to do something or refrain from doing something.
Acceptance - a clear, unambiguous agreement to the terms of the offer.
Consideration - something of value exchanged between parties.
A meeting of the minds - both parties understand and agree to the terms of the contract.
Once a valid contract is in place, both parties are legally obligated to fulfill their duties as outlined. If one party fails to do so, it is considered a breach of contract.
The Different Types of Contract Breaches
There are different types of breaches you might encounter, including material breaches and minor breaches. A material breach is a significant failure to perform that goes to the core of the contract, while a minor breach is a less significant failure that doesn't undermine the overall purpose of the contract.
The type of breach will determine the available remedies and damages. When a breach of contract occurs, the non-breaching party has the right to seek legal remedies to enforce the contract and recover damages. That's where we come in. We'll help you understand your rights and options in a breach of contract situation.
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Elements of Your Lawsuit
If you're looking to file a lawsuit for breach of contract in Florida, certain elements must be established.
First and foremost, you need to prove that a valid contract exists. This requires showing that there was an offer, acceptance, consideration, and a meeting of the minds.
Next, it's crucial to demonstrate that the other party has breached the contract by failing to fulfill their obligations as specified.
Your suit also needs to show that you've suffered damages as a result of the breach. This can include financial losses, lost opportunities, or other harm caused by the breach.
Then, you must establish a causal connection between the breach of contract and the damages you've suffered. It must be shown that the breach directly led to the harm you experienced.
As the non-breaching party, you also have a duty to mitigate your damages by taking reasonable steps to minimize the harm caused by the breach. This means that you can't sit back and do nothing while your damages continue to accumulate. Instead, you must take action to mitigate your losses. Or else the court may reduce the amount of damages you can recover.
Damages You Can Recover
If you prevail in a breach of contract lawsuit, you may be entitled to various types of damages. Compensatory damages are intended to compensate you for the actual losses you suffered as a result of the breach. This can include financial losses, lost profits, and other direct damages.
Then, there are consequential damages, which are damages that were not directly caused by the breach but were reasonably foreseeable as a result of the breach. They may include lost opportunities, reputational harm, or other indirect damages.
In certain cases, punitive damages may be awarded to punish the breaching party for their misconduct or deter similar behavior in the future. However, punitive damages are not typically awarded in breach of contract cases unless there is evidence of fraud, malice, or intentional misconduct.
Depending on the terms of the contract or applicable laws, you may also be able to recover your attorney's fees and any costs incurred in pursuing the breach of contract lawsuit.
Ultimately, the specific damages available will depend on the circumstances of your case and the terms of the contract. That's why consulting with a knowledgeable attorney is key to understanding the full amount of damages you may be able to recover.
Breach of Contract Attorney in Orlando, Florida
At Keough Law, PLLC, we're here to help you navigate this process and work towards the best possible outcome. Our business attorney has extensive experience handling breach of contract cases and will aggressively advocate for your rights. We understand the impact a breach of contract can have on your business, and we're dedicated to helping you seek justice and recover any damages you may be entitled to. Contact our Orlando firm today to request a free consultation. We provide legal services to clients throughout Orange County, Osceola County, Hillsboro County, and Pinellas County.