Breach of Contract Under Commercial Law in Florida

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A breach of contract can make enemies out of long-time business partners.

Certain Florida commercial laws pertaining to agreement breaches can alter what the winning party is entitled to. A breach of contract is a violation of trust and expectations. Many business deals depend on the parties trusting each other to some extent. Contracts are used to clearly define the responsibilities of the parties involved. They are breached when a party does not follow through with their end of the bargain.

  1. No Self-Representation

    • Florida commercial law requires corporations to be represented by attorneys in certain situations. Your corporation may not represent itself in county and circuit court cases, according to the Florida Supreme Court. Breach of contract lawsuits over $15,000 are handled in circuit court and only individuals are allowed to represent their own interest in court.

    Not Getting Ahead

    • Don’t expect to make a huge profit if you win a breach of contract case. The purpose of the award is to restore the injured party to a state equivalent to completing the original contract. Damages are limited to only the actual losses sustained in breach of contract cases -- even if the breaching party violated the agreement deliberately.

    Impossibility of Performance

    • This defense is viable under Florida law. Impossibility of performance means that the contract in question is impossible to fulfill. The performer must be able to provide strong evidence proving that the contract was senseless or impracticable. However, if the performer of the contract has knowledge of the facts making fulfillment impossible prior to execution, then the special defense cannot be used.

    Substantial Completion

    • A performing party may also be entitled to damages using this the substantial completion defense. Substantial completion may allow the promisee to receive the full contract price for nearly fulfilling it. The price may be offset by the promisor’s right to whatever damages were incurred by the promisee’s inability to complete the agreement. If the breach of contract is proved deliberate, then the promisee cannot claim substantial completion. Furthermore, abandonment is considered a willful breach.

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