A Breach of Contract in Florida is a common claim in civil litigation. In order to prove this claim, the following elements must be met:
- Plaintiff and defendant entered a valid contract;
- Defendant committed a material breach of the contract; and
- Plaintiff suffered damages caused by defendant’s breach.
Therefore, in order to prove a claim of breach of contract, the Plaintiff must first ask themselves if they entered into a valid contract with the defendant. In order to determine this, it is important to understand what a valid contract is.
A valid contract contains the four elements: (1) Offer; (2) Acceptance; (3) Consideration; (4) Mutual understanding (meeting of the minds)
In general, a contract can be oral or written, but there are certain circumstances in which a contract is unenforceable unless it is in writing. This requirement is known as the “Statute of Frauds.”
Additionally, the contract cannot be for an illegal or impossible act, and contracts with minors are usually not enforceable.
There are many other conditions to a valid contract, which is why it is important to discuss your situation with an attorney who is experienced in both civil litigation and business law.
If you believe you have a breach of contract in Florida, or if you have a contract and you are not sure if it is legally enforceable, then contact Boyer Law Firm, P.L. today to see how we can assist you.