Breach of contract cases can be between any two parties: a private individual and a corporation, an attorney and client, a corporation and a governing body, two LLCs, shareholders and a corporation, or just about any other scenario you can imagine. The only requirement is that an agreed-upon contract is in place that outlines what the parties have promised to do.
Breach of contract disputes could arise from many different scenarios, including:
- Definition of a term used in the contract
- Purchase and sale agreements
- Breach of partnership agreements
- Shareholder disputes
- Disputes among members of limited liability companies
- Lease disputes
- Offer and acceptance
- Breach of warranty actions
- Breach of promissory notes
- Contract drafting and review
- Breach of employment agreements
- Breach of non-compete agreements
- Errors in the contract
- Breach of attorney-client fee agreements
- General commercial litigation
- Coercion or fraud
What are remedies for contract breach?
If a breach of contract suit is brought, it’s because the injured party wants a remedy. There are two types of remedies: equitable or legal. Legal remedies are financial damages awarded to the plaintiff while equitable remedies require the parties to take specific action to correct the dispute. Equitable remedies are often granted when monetary compensation or other types of legal remedies don’t provide an adequate resolution. Often the court requires that legal damages aren’t available before a judge will award equitable relief.
The three equitable remedies include:
- A specific act or performance by the party who breached the contract
- Cancellation of the contract and restitution paid
- Injunction, which is a remedy that prohibits a party from a particular act or performance.
Legal remedies refer to monetary damage awards, such as:
- Compensatory damages to restore the injured party to the position he or she was in prior to the breach
- Punitive damages in excess of full compensation for wrongful acts
- Nominal damages to cover a breach that did not result in measurable financial loss
- Liquidated damages that are specifically outlined in the contract
Florida law is quite specific about the conditions that must be met for a party to receive damages for a breach of contract. The plaintiff must prove the following to the jury:
- That both the plaintiff and the defendant entered into a contract
- That the plaintiff completed all of the essential tasks stipulated by the contract, or that the plaintiff was excused from those tasks
- All conditions had been met requiring defendant’s participation and performance under terms of the contract
- The defendant either failed to do something required under the contract, or did something prohibited by the contract
Contact ZinnLaw for help with your legal case.