Stuart, Florida Business Law Attorneys Assisting You After a Breach of Contract
Resolving business disputes for clients along the Treasure Coast
As a business owner, you are likely to face disputes involving contracts. If one of the parties in a contract fails to meet their end of the agreement, you need an experienced breach of contract attorney on your side. At McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A., we have been serving clients on the Treasure Coast for more than 25 years. We understand the intricacies of a contract and what to do if yours is breached.
What is a contract?
A contract is a legally binding agreement between two or more parties. It is a written document that outlines in detail an agreement between the parties.
In order for a contract to be valid, the following is required:
- Consideration. Each party in a contract needs to make a promise or provide something of value to the other party.
- Offer and acceptance. One party must offer a promise, and the other must explicitly accept it.
- Legal purpose. If the agreement in the contract is illegal, then the contract is not enforceable.
- Capable parties. All parties involved must be of legal age and sound mind to understand what they are signing.
- Mutual assent. The parties must understand that the contract is binding and agree on its essential terms.
If these attributes are not present in a contract, it is not valid or enforceable. Our business law attorneys can review your contracts to determine if a breach has occurred.
Determining if a contract has been materially breached
A material breach occurs when one party to a contract fails to meet their end of the bargain so thoroughly that it renders the agreement irreparably broken, defeating the purpose for which the contract was originally made. In order to determine if a breach is material, a court will ask the following questions:
- Was the non-breaching party deprived of the true purpose of the deal?
- Can the non-breaching party be compensated for the loss?
- How much damage has the breach caused both parties?
- Can the breaching party fix the problem?
- Did the breaching party act in bad faith?
We go over the details of your case with you to determine if your contract has been materially breached.
Helping you after an anticipatory breach of contract
An anticipatory breach of contract, also called repudiation, means that one party refuses to perform their duty as promised. This may occur when the promising party:
- Directly and unconditionally refuses to uphold their end of the contract.
- Performs an action that makes it impossible for the other party to perform their obligations under the contract.
- Transfers property that is the subject of the contract to a third party.
If you are dealing with an anticipatory breach of contract, our attorneys can guide you through the next steps of getting compensation for your losses.
After a breach of contract, get help from knowledgeable Florida business law attorneys
The attorneys at McCarthy, Summers, Wood, Norman, Melby & Schultz, P.A. have the experience and skill you need after a breach of contract. Call us at 772.286.1700 or contact us online to schedule an initial consultation at our Stuart, Florida office. We represent clients along the Treasure Coast.