Bradenton Breach of Contract Attorney
Contract law in Florida is a broad area of the law that can involve many different kinds of legal matters. For example, contract law often is an essential part of many business and corporate law issues, as well as commercial real estate law. At the same time, family law claims and insurance law matters also involve contracts. As the Florida Bar explains, given that there are so many different areas of law that involve contracts, it is important to know what is necessary for a contract to be enforceable. In some cases, a contract must be in writing in order to be enforceable, while Florida courts may uphold some oral contracts depending upon the circumstances of the case.
When one of the parties to a contract does not perform his or her responsibilities under the terms of the contract, then the other party may be able to file a breach of contract claim. A Bradenton breach of contract attorney can speak with you today about the remedies that may be available to you.
Elements of a Bradenton Breach of Contract Claim
While different areas of contract law have distinct requirements, the elements of any breach of contract are relatively streamlined. Generally speaking, a plaintiff must be able to prove:
- Contract exists;
- Breach of contract occurred;
- Damages occurred as a result of the breach of contract; and
- Breaching party has no defense or excuse for the breach of contract.
In some cases, performance is not required by the terms of the contract and as such there is no breach. Or, in other cases, Florida law might not actually require performance of one of the terms of the contract. You should speak with a Florida contract law attorney to determine the merit of the breach of contract claim.
Material Breaches of Contract in Bradenton
Your lawyer can also discuss the difference between material and non-material breaches of contract with you. A material breach is a significant breach that results in damages, while a non-material breach usually refers to a minor breach that might not actually result in damages. In general, a breach of contract claim typically will only move forward when there was a material breach of contract.
Statute of Limitations for a Bradenton Breach of Contract Claim?
Florida law (Fla. Stat. § 95) stipulates that most breach of contract claims have a statute of limitations of five (5) years. This means that the claim must be filed within five years in order for the plaintiff to remain eligible for compensation. Otherwise, the claim will become time-barred.
Some contracts and associated breach of contract claims have a short statute of limitations, however. As such, it is extremely important to speak with a Bradenton breach of contract lawyer about the statute of limitations associated with your case.
Contact a Bradenton Breach of Contract Attorney Today
If you are involved in a contract dispute and you believe that the other party to the contract materially breached one or more of the terms, you may be able to file a claim and to seek a remedy under Florida law. A Bradenton breach of contract attorney can assist you. Contact HD Law Partners today to get started.