One of the most common Florida civil litigation cases is a Breach of Contract lawsuit. With a Jacksonville Breach of Contract case, you may have entered into an oral contract or a written contract in Florida. Under a Jacksonville Contract, each party to the contract is required to comply with the terms of the Florida contract. If one party does not complete the terms of the contract, he or she has likely breached the contract. As a result, the other party to the Jacksonville contract has lost money or suffered some other type of loss. If this occurs, you may have a claim for Breach of Contract in Jacksonville. A Jacksonville Lawyer can look at the Florida contract and the circumstances surrounding the performance of the Florida contract to see if a breach of contract claim is viable.
In a Jacksonville Breach of Contract claim, the Florida contract must be valid. Three things are required to have a valid contract in the State of Florida:
- an offer was made;
- the offer was accepted; and
- there was an exchange of consideration.
Consideration is a bargained for exchange between the parties of the Jacksonville contract. Usually, one person agrees to do one thing if another does something else. For example, in a Jacksonville Breach of Contract case, one person agrees to provide a service (such as maintenance or repairs to a house or business) and the other person agrees to pay for the service. If one of the people do not preform under the terms of the Florida contract, this is a breach of contract. Another common example of Jacksonville Breach of Contract focuses on the purchase of goods or items. You may have agreed to purchase something in Jacksonville, Florida. When the items arrived, they were not what you expected them to be or they did not arrive at all. On the other hand, you may have shipped the items or performed under the terms of the Jacksonville contract, but the other party did not pay for the items. If that is the case, you should talk to a Jacksonville Lawyer about your Florida contract case.
In a Jacksonville Breach of Contract Case, the Plaintiff must claim and prove the following:
- the existence of a contract between the Plaintiff and the Defendant;
- the contract was breached by the Defendant;
- the Plaintiff was damages due to the breach of contract, and
- the Defendant does not have any valid defenses.
If someone has filed or is threatening to file a breach of contract lawsuit against you in Jacksonville, there defenses to a Florida breach of contract case. A common defense to a breach of contract allegation is that the Defendant did not breach the contract. This would be a factual dispute that your Jacksonville Lawyer would litigate in court. On the other hand, your Jacksonville Lawyer may find that you have a Florida affirmative defense.
Florida Affirmative Defenses
- The Florida Statute of Frauds, which requires certain contracts to be in writing.
- The contract is indefinite (agreement to agree at a later date).
- There was a mutual mistake made by both parties.
- You were induced by fraud or under duress when entering into the contract.
- The contract is unconscionable.
- Estoppel applies.
- The contract is illegal.
If you are involved in a contract dispute Jacksonville, Florida or the surrounding areas, contact a Jacksonville Lawyer at 20 Miles Law to discuss the case.