Shouldn’t you get what you pay for? We think so! And if you’ve paid for something that you end up not receiving – especially if you have a contractual agreement for receiving a particular product or service – then the provider of that contract is legally liable for delivering? According to Investopedia, breach of contract refers to the “violation of any of the agreed-upon terms and conditions of a binding contract. This breach could be anything from a late payment to a more serious violation, such as failure to deliver a promised asset.”
Contracts are binding, and they can hold weight if they’re taken to court. It is important to note, though, that you will be required to prove that the provider truly owes you a product or service – and sometimes, even with a written contract, this can be difficult. This is where having an attorney on your side can be helpful.
Oftentimes, the consequences for not following through on a contract may not be included in the contract itself. In some cases, the two parties may be able to settle the situation. In other instances, the situation is not able to be resolved – or it may even escalate. This, too, is best turned over to an attorney.
In order to bring a lawsuit against the other party for a breach of contract, there are certain criteria that need to be present. These include the following:
- Valid Contract – First, a valid contract must exist. A large factor in proving the validity of a contract is ensuring that an offer that was made by one of the parties was accepted by the other. Here, something of value must have been promised by each of the parties.
- Breach of Contract – One of the parties must have actually broken their part of the contract before the other may sue. You will also have to prove that the other party was the one that broke their end of the contract.
- Followed the Contract – You may sue the other party – provided that you have performed as promised per the contract. If, however, you have also broken the terms of the contract, you may not sue the other party.
For additional information, or if you have a situation where a contract may have been breached and you need a Florida attorney, contact us.