Florida Breach of Contract

Yea, I know.. contracts are boring.

But when assets are at stake, a contract can make or break a company/individual. Contracts exist in almost every facet of life, especially when buying or selling goods or services. In Florida, contracts for a good, such as a boat or a car, may come with obligations not mentioned in the contract. For example, in a contract for the sale of goods, unless the seller makes it clear that the sale is “AS IS,” the seller promises that the goods work as they should and are not broken. When either party to a contract fails to perform his/her obligation, whether express or implied, there may be a legal claim for breach.

Each type of contract has its own unique requirements for claiming breach of contract. Also, there is more to a legal claim of breach of contract than the actual breach of the contract. For example, a breach of contract claim in Florida legally arises when three things occur. First, a contract must exist. Second, a breach of contract must occur. Finally, there must be damages as a result of the breach. Note, the second element, the actual breach by one party, is only one part of the legal claim for breach.

Proving a breach occurred

Each of the three elements mentioned above comes with its own set of sub-elements that must be shown. Under the first element, for example, the contract in question must also be deemed valid by a court. This could depend on the particular set of circumstances around which it was entered. A seemingly valid written contract may be deemed invalid if a court finds there was a lack of consideration—a requirement that has nothing to do with the written document itself.

Under the second element, while it may be clear to you that the contract was breached, it may be unclear to a court as to who breached the contract. For instance, the buyer may accuse a seller of breaching a contract and thus refuse to pay the negotiated price under the contract. In fact, if a court finds that under the circumstances the seller actually did not breach the contract, then the buyer may be the breaching party and owe damages to the seller for his failure to pay.

Under the third element, a court may find that the damages were not the result of the breach itself. For example, suppose a seller fails to deliver goods that the buyer paid for under a contract due to a hurricane. The seller may have the valid excuse that an “Act of God” caused the buyer’s damage.

A business law attorney is best suited to help you understand the contract you’ve entered and whether you or the other party has breached it. Contract law is very complicated.  Contact Boyer Law Firm, P.L. today for an assessment of your contract concerns.

Florida Baby Boomers and Probate

Florida Baby Boomers and Probate

As Florida Baby Boomers continue to age, there will inevitably be an increase in the amount of deaths in the United States, especially in Florida, where many baby boomers reside.

When a loved one dies, regardless of whether or not they have a will, the estate must go through a process called “probate,” with the exception of very rare cases.

If you have a family member who is a Florida baby boomer or older, then you need to start thinking about what you and your loved ones will do when they are gone, such as:

– Does your loved one have a will?
– Has your loved one appointed a personal representative for their estate?
– Does your loved one own property in multiple states or countries? If so, each may have to be
probated individually.
– Does your family have a trust that applies to the probate process

Many Florida baby boomers are “snowbirds” who are also residents of other countries or states, where they own assets. In these cases, the decedent’s estate must be probated in more than one court.

If you have recently suffered the loss of a loved one who passed away in Florida, or possessed assets, such as a house, in Florida at the time of their death, then contact Boyer Law Firm today to see how our Florida probate attorneys can assist you.

Contractor Caution

Choosing the right contractor is just as important as negotiating terms. The purchase of a home or commercial space represents a significant investment. But often it is only the first step because to be inhabitable or exploitable, renovation may be necessary.

Much of the difficulty lies in choosing the right contractor. Many contractors promise you a specified time frame for the building process. They give you an itemized quote and a total amount that you partially pay upfront. But what the contractor has failed to tell you is the time involved beyond the physical work. Additional time is required to obtain building permits and to validate the work at each step by a city building inspector. If he finds violations to the city’s building code, he will order the repair of the work and will schedule a new inspection. Once the inspector considers the project to be in compliance, he authorizes commencement of the next stage of construction.

Construction Delays Cost YOU! These delays only affect you because the time to initiate payment on the property loan is quickly approaching, while continuing to pay for construction.

You are in a pickle!  You have no way to recover late fees or procure any other form of repair. Apart from the construction deposit, you have no contract to put pressure on the contractor.

Before engaging in work with a contractor, it is vital to have a real written contract to protect you in the event of project delays, defects or other incidents. An experienced lawyer can assist you in the preparation of such a contract or in a dispute, should one arise.

If you are contemplating a construction project or have experienced contractor issues, contact Boyer Law Firm, P.L. for prevention of such issues.

Prenups Have A Bad Rap

Do you think a prenuptial agreement means you and your significant other won’t live happily ever after?
I’m sure we all know the reputation that prenuptial agreements have gotten over the years. They are unromantic. The party wanting a prenup doesn’t really want to get married. Prenuptial agreements are made only with the anticipation that the marriage will end in divorce. Prenups are only for the wealthy. In actuality, all couples could benefit from the upfront negotiation of important financial matters that may be encountered within a marriage. A prenuptial agreement doesn’t mean you don’t expect to live happily ever after.

Although premarital assets can be a factor in decisions to draft a prenup, you don’t have to be a hedge fund mogul or Hollywood star to need one. They work for everyday people in a variety of everyday common situations. Is there a family business that could be inherited one day? Don’t you want to discuss what your plans would be for the business, to ensure that your vision is carried out? Do you own real property? What about premarital debt? Are you a financial saver and your soon-to-be-spouse a spender? Do you already have children prior to this marriage? Is it possible you may decide to stop working to take care of the children? Would you agree on how the children are raised religiously? A prenuptial agreement can also protect your wishes for your estate, inheritance, or family heirlooms. This is not an exhaustive list, but it is a good start.

Does Florida really have your back?
The state of Florida has prepared a prenup for you in Chapter 61 of the state’s statutes. This makes Florida a no-fault, equitable distribution divorce state. This means that all marital assets will be equitably divided. This doesn’t mean fairly divided. The court reserves the right to take various factors into account in the distribution of assets and liabilities, but this is not a one-size-fits-all law. It is not the best option for every marriage.   Many marriages encounter situations, non-divorce related, that could have been addressed by a prenuptial agreement. In a perfect world, you and your partner will agree on every decision within the marriage.

It’s a hard subject to bring up on the way to the altar… your prospective spouse may interpret it as a hedge against your pending devotion and unconditional love………..so it’s best to bring it up while cooler heads prevail, long before the wedding day! But one way or another, do get that prenup prepped and signed!

For your individual situation, we at Boyer Law Firm stand ready to analyze your circumstances and customize an agreement tailored to your needs.

Pay to /Drā/?

U.S. Trademark Court says NO WAY.

On May 10, 2018, rapper and producer Dr. Dre lost his trademark infringement case against Dr. Drai, a board certified OBGYN in Pennsylvania. Dr. Drai uses the shortened version of his name for promotion of  his medical expertise. Dr. Drai organizes conferences, writes, publishes scientific books and frequent podcasts.

The American rap star, Andre Young, aka Dr. Dre, was concerned the similarity of the names would create confusion therefore sued the gynecologist for trademark infringement. In a lengthy argumentation, Dr. Drai demonstrated that his work as a gynecologist, could in no way be confused with the artistic work of Dr. Dre.

The U.S. Patent and Trademark Office decided in favor of the physician, seeing no risk of confusion between the two. The intended audience for each party is sufficiently distinct to avoid confusion.

Thinking about registering your mark, idea, or name? Need to enforce a current trademark or copyright?

Trademark law can be tricky, but at Boyer Law Firm, P.L. we stand ready to help you through the process.