Breach of Contract Attorney in Miami, Florida

Worried about a breach of contract? A contract is simply an agreement between two parties in which one party makes an offer and  the other party accepts the agreement and there is some sort of “Quid pro quo” (usually an exchange of goods, money, services, a promise to act) between the two parties. 

If someone has initiated legal action against you for failing to perform your part of the legal exchange, or you wish to pursue legal and or equitable remedies in order to enforce your rights under a contract – we can help.

What is a Breach of Contract?

A contract is simply an agreement between two parties in which one party makes an offer and the other party accepts the agreement and there is some “Quid pro quo” (usually an exchange of goods, money, services, a promise to act) between the two parties. .

When this contract is not honored by one or more of the parties, a breach of contract occurs. There has been a failure to complete the terms outlined in the contract. This can be the result of non-performance of one party or if a party intentionally interferes with another’s ability to adequately perform the promises in the contract.

Types of Contract Breaches

A wide variety of contacts can be broken and brought in front of a judge in court. But there are explicitly four types of ways a contract can be breached.

Material Breach of Contract. The first is a Material Breach of Contract which usually involves one of the key agreed-upon points in the contract being violated. Some detailed contracts outline what constitutes a material breach of contract but many simpler ones do not. In these cases, it is up to the judge to decide. When this type of breach does occur, further commitment to the contract is voided and the suffering party can claim damage compensation.

Minor Breach of Contract, on the other hand, does not end the contract’s obligations as a material breach does. Although the contract is still valid, the violating party must make efforts to remedy the problem.

Anticipatory Breach. If a party notifies the other party that they will not be able to deliver on the contract’s promises at a future date, this is known as an anticipatory breach of contract. Though rare, these do occur and the wronged party is still entitled to potentially recover some damages.

Actual Breach of Contract is the most common form of breach and simply means that one side does not complete the stated arrangement as described in the contract.

What Happens When a Contract is Breached?

When a breach of contract occurs legal cause of action can be taken and will often be brought before a judge. The judge must answer the following:

1. Did a contract exist?
2. What were the explicit contract agreements from each party?
3. Did the contract undergo modifications?
4. Was the contract breached as claimed?
5. Was the breach a material breach of contract?
6. Did the party that breached the contract have an enforceable defense?
7. What damages did the breach of contract cause?

What is the Court Process Like?

If a contract dispute is brought to court, the plaintiff’s attorneys work to prove that the defendant broke the agreements in the contract as well as work to recover damages from the breach. The damages are usually recovered through payment in the form of compensation. The defendant’s attorney defends against the charge that a contract breach occurred. And in the event that the court rules in favor of the plaintiff, the defendant’s attorney works to minimize that amount of damage compensation that must be paid. During the process, the contract must be carefully reviewed by both parties’ attorneys with consideration to the circumstances all while balancing it with the prevailing laws. Interpretations of the law are presented by both parties in court in order to argue their cases.

Our Contract Litigation Services

Contract law is a highly complex form of law that requires specialists in order to examine the contracts and circumstances and successfully argue your case. At the Law Offices of Jeffrey Alan Aenlle, PA, we have experience negotiating between parties and can help you avoid a court case. But if your case needs to go to court, our experienced attorneys will aggressively fight for you. In our experience, sometimes the threat of litigation is enough to get someone to negotiate and settle outside of court. We deal with all different types of contracts ranging from government contracts to employment contracts for private corporations. When dealing with a breach of contract, working with an attorney before going to court will help your case. Also if you are looking to get out of a contract, our litigation specialists will help you optimize your exit strategy.

If someone has initiated legal action against you for failing to perform your part of the legal exchange, or you wish to pursue legal and or equitable remedies in order to enforce your rights under a contract – we can help you.

Call now for a Free Consultation at +1.786.309.8588