Contract disputes are very common in Florida civil litigation. Often, one of the first things the parties will dispute over is to whether or not a valid contract existed between them. In order for a legally binding contract to exist, there are certain conditions that must be met.
A contract in Florida does not exist unless there is an offer, acceptance of that offer, consideration, and mutual understanding. Additionally, a contract is not valid if the act it refers to is illegal or impossible. An example of an illegal contract would be one that involves fraud or the sale of illegal substances; an example of a contract that is impossible would be one that would require the parties to go back in time or to perform a ridiculous act, such as fly.
A contract can be in the form of a written or oral agreement. Although written agreements are always better, oral agreements can also be upheld in court. Written agreements can take many form, especially with the increase in technology. Email communications in which an agreement is made can be seen as a form of written contract. The same is true of text messages or Facebook communications.
If you are a party to a contract in Florida which has been breached by the other party, it is important to initiate suit before the Statute of Limitations expires, which in many cases could be only a year after the breach occurred. If you are unsure as to whether or not the other party has breached the contract, or if you are unsure as to your responsibilities under the contract, then contact Boyer Law Firm, P.L. today to see how we can assist you.
Once you have signed a contract, you are bound by the terms of that contract. An attorney can analyze the contract after it is signed and advise you of your rights and obligations, but they cannot change the contract at that point unless the other party agrees to amend the contract.
THE GOLDEN RULE: IF YOU DO NOT KNOW WHAT YOU ARE SIGNING, DO NOT SIGN IT AND CALL AN ATTORNEY.