sue a business for theft and breach of contract is what kind of attorney

When a fiduciary duty has been breached, those affected adversely by the breach can consult with a business litigation attorney about filing a lawsuit.

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Can I sue my business partner for breach of contract?

Nov 27, 2019 · A contract is a legally binding promise between two parties. Each party agrees to do something in exchange for something else. A breach occurs when one of the agreed-upon commitments are not kept. If a business breaks the terms of a contract, a lawsuit may be in order. For example, let’s say you pay a contractor to paint your fence.

What kind of lawyer do I need to sue a contractor?

Feb 05, 2020 · Thus, the most common type of lawyer used to sue a contractor is a business law attorney. There may be differences in the type of lawyer you need depending on the type of contractor you enter into an agreement with. For example, if you contract a real estate agent to sell your home, a business lawyer may not be adequate; you might need a real ...

Do I need a lawyer for a breach of contract?

Morgan & Morgan’s business attorneys have successfully recovered millions of dollars in Florida courtrooms in cases involving a breach of contract and business tort claims. Our attorneys represent both businesses and individuals in contract lawsuits and have significant experience handling complex cases involving: asset-purchase agreements, construction contracts, …

Can a fraud claim be filed alongside a breach of contract?

Jul 07, 2020 · Many times, courts will end up dismissing the fraud claims as duplicative, and instead focus on the breach of contract claims in the case. The reasoning behind this being that claims of fraud are essentially implied in the breach of contract; it is largely accepted that there was some sort of misrepresentation in a contract ended up in a breach ...

Which court handles breach of contract?

Generally, a civil court of general jurisdiction would have jurisdiction over a lawsuit alleging breach of contract. Although a person might be able to file a lawsuit in a number of different courts, the laws of certain jurisdictions may be more advantageous than another.Oct 12, 2021

Where can a suit for breach of contract be filed?

In a suit for damages for breach of a contract the cause of action consists of making of the contract, and of its breach, so that the suit may be filed either at the place where the contract was made or at the place where it should have been performed and the breach occurred.Oct 31, 2018

How do I file a lawsuit against a company?

In order to sue a company, you must be able to show what happened, prove that you were harmed by it, and demonstrate that your harm was caused by the company's negligence or wrongdoing. If these three points are proven to a judge then the company will be found liable and they will have to pay compensation for damages.Aug 3, 2021

Which party can sue for breach of contract?

A plaintiff, the person who brings a suit to court claiming that there has been a breach of contract, must first establish that a contract existed between the parties.

What is breach of contract and its types?

Anticipatory and Actual Breach of Contract. A breach is a failure by a party to fulfil the obligations under a contract. It is of two types, namely, anticipatory breach and actual breach.

What are the six main remedies for breach of contract?

There are several common remedies for breach of contracts....Types of Remedies for Breach of ContractCompensatory Damages. An award of compensatory damages is the most common of the legal remedies for breach of contract. ... Specific Performance. ... Injunction. ... Rescission. ... Liquidated Damages. ... Nominal Damages.Jan 19, 2021

Can you sue a limited company?

Limited companies are, of course, legal entities in their own right, so you will need to sue the business, not the directors or any other individuals working in the business. The only exception to this will be if you have asked for and been given personal guarantees, normally by the directors.Aug 8, 2013

Can you sue a company for lying?

Yes, you can sue your employer for false promises. Misleading statements can land an employer in court for negligent misrepresentation, fraudulent inducement, or other legal issues. You do not always need an employment contract to prove false promises.Aug 28, 2020

Can a director sue his own company?

Specifically, there are certain circumstances that will permit a shareholder to sue their own company. For example, a corporate shareholder may sue a corporation when any of its directors or officers violate a fiduciary duty or conduct various other illegal activities like defrauding investors.Feb 2, 2021

What are the most frequently awarded damages in a breach of contract lawsuit?

Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.Jan 22, 2018

How can a court settle a breach of contract?

Damages. The payment of damages — payment in one form or another — is the most common remedy for a breach of contract. There are many kinds of damages, including the following: Compensatory damages aim to put the non-breaching party in the position that they would have been in if the breach had not occurred.Apr 23, 2020

Is breach of contract a criminal Offence?

“Breach of contractual obligation normally does not give rise to criminal offence. Criminal prosecution is for punishing offenders for having committed a criminal offence. Breach of an agreement between parties does not necessarily result in criminal offence,” asserted Justice Anil Kshetarpal of the High Court.Dec 10, 2019

What Legal Remedies Are Available in A Florida Breach of Contract Lawsuit?

In most cases, our Florida contract attorneys pursue claims for money damages or equitable relief on behalf of our clients.

Florida Business Torts Lawyers

Many breach of contract lawsuits also involve business torts. Florida law allows for businesses and individuals that have suffered financial damage...

When Are You Owed A Fiduciary Duty?

One of the most common business torts is a breach of fiduciary duty. The classic examples of a fiduciary relationship include attorney-client, agen...

What Duties Are Owed by A Fiduciary in Florida?

1. Duty of Loyalty: A fiduciary is obligated to put the interests ofthe beneficiary ahead of the fiduciary’s self-interest. This dutyprohibits self...

What Remedies Are Available in A Florida Breach of Fiduciary Duty Lawsuit?

In Florida, both legal damages and equitable relief may be availablewhen the fiduciary duty is breached. Legal damages can include bothmonetary com...

Our Results in Breach of Contract and Business Tort lawsuits

The attorneys in Morgan & Morgan’s Business Trial Group have recovered tens of millions of dollars on behalf of clients throughout Florida in breac...

Contact Florida’S Largest Contingency-Fee Firm

With 18 offices in Florida, Morgan & Morgan is able to handle your contract lawsuit in venues throughout the state, including Orlando, Tampa, Jacks...

When Can I Sue?

Despite what intimidation tactics you might have endured to talk you out of suing, the truth is that anyone can sue anyone for anything. If you don’t like that your neighbor wears socks with sandals, you can technically sue. The challenge is knowing whether the suit has a chance of winning.

Types of contract breaches

If a party fails to perform part of the contract but does not violate the entire agreement, it is known as a minor breach.

Contact Breach Remedies

The severity of the breach will determine what kind of remedy is available. In some cases, the contract will spell out instructions regarding a breach of contract. There are typically four different kinds of solutions.

Do I Have a Case?

Our legal system can be complicated, so it’s not always easy to know if you have a good case. One of the more surefire ways to know is to meet with an experienced business contract attorney. A professional lawyer knows what to look for in each situation and can explain the process, options, and potential outcomes to you.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

What is contract fraud?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

Why are motivations more common than others?

This is because most contractual law involves the same assumed rights and responsibilities. The most common scenarios involve a contractor who: Fails to complete a job at all. Fails to complete a job by a deadline.

What is contracting contractor?

By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...

Do you need an attorney for a small claims case?

Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.

What is a fundamental breach?

Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.

What is breach of contract law in Florida?

Many breach of contract lawsuits also involve business torts. Florida law allows for businesses and individuals that have suffered financial damages due to unfair or unlawful business practices to recover compensation from the responsible parties.

What are legal damages?

Legal damages can include both monetary compensatory damages as well as punitive damages. Equitable remedies can include disgorgement of profits or commissions, imposition of a constructive trust, an accounting, or injunctive relief.

What is compensatory damages?

Compensatory damages may include consequential damages, which are intended to provide compensation for any indirect damages caused by the breach of contract. For example, our attorneys may be able to recover lost profits caused by another party’s failure to perform its obligations under a contract.

What is equitable relief?

Equitable relief is an order from a court requiring a person or company to act or refrain from acting in a certain way. Specific Performance: In some cases, our attorneys can also seek an order from the judge requiring “specific performance” in a Florida breach of contract lawsuit. If a court orders specific performance, ...

What is a rescission in a contract?

Rescission: Rescission is an equitable remedy that voids the contract.

What are some examples of fiduciary relationships?

The classic examples of a fiduciary relationship include attorney-client, agent-principal, broker-client, partner-partner, managing member-members, corporate officer-shareholder, trustee-beneficiary, or executor-heir. A fiduciary relationship, however, can also arise in many other business settings.

What is the duty of care?

Duty of Care: A fiduciary must carry out its responsibilities in an informed and considered manner and act as ordinary prudent people would in the management of their own affairs. Duty of Good Faith: A fiduciary must carry out his duties in the upmost good faith.

What is the difference between fraud and breach of contract?

Fraud and breach of contract are two different things, but both can ultimately end in legal action being taken against one of the parties involved in a contract. This can result in potential loss being suffered by other party or parties, as both involve the terms and conditions of a contract being unable to be met. Additionally, while they can be standalone acts, they can also sometime go hand-in-hand

What is breach of contract?

Breach of contract occurs when one party fails to uphold their end of a contractual agreement. This can differ from fraud in that there may not have been any false information provided, but rather the breaching party simply doe not follow through.

How to prove fraud?

To prove fraud, two things must exist: 1 One party was knowingly misrepresenting material facts 2 One party was intentionally attempting to defraud or deceive the other party

What is contract fraud?

Contract fraud exists when one of the parties involved in the contractual agreement presents information to the other party that is misleading, false, or in any way deceitful. For example, if you are the Executive Director of a nonprofit organization looking to contract with a grant writer, and the person whom you hire claims to have written ...

What is fraud in inducement?

Fraud in the inducement, which is when the fraud exists as it pertains to the entire contract. For example, you sign a contract with an interior decorator to decorate your apartment, and it turns out they are not a decorator. Fraud in the factum, which is when the fraud exists only in relation to a particular fact.

What is fraud in factum?

Fraud in the factum, which is when the fraud exists only in relation to a particular fact. An example of this may be if you enter into a contract with a wedding photographer, intending to purchase 20 prints, but the photographer actually intends to sell you 50 prints. To prove fraud, two things must exist:

Can a breach of contract be fraud?

With that said, a breach of contract can sometimes also have claims of fraud, although the fraud cannot be filed alongside the breach of contract. Many times, courts will end up dismissing the fraud claims as duplicative, and instead focus on the breach of contract claims in the case.

What is a negligence claim?

Negligence. A negligence claim might exist against your business partner if their actions harmed the partnership. The following elements must exist for a negligence claim: Duty. Your business partner owes you and the partnership a duty of care. This duty of care requires business partners to make decisions in good faith.

What does it mean to settle a business partnership?

Settlement may mean the termination of your partnership and repayment of any losses by your business partner.

What is a strong partnership agreement?

A strong partnership agreement provides clauses addressing courses of action regarding contract breaches. For example, the partnership agreement may provide your partner with a certain number of days to cure the breach. If included in your partnership agreement, and your partner fixes the breach, you may avoid a lawsuit.

Can a business partner sue you for intellectual property?

A violation of intellectual property rights belonging to the partnership may also give you grounds to sue your business partner. A partnership agreement may provide that all copyrights, patents, and trademarks are the partnership’s property. However, if your business partner has used this intellectual property for personal gain, ...

What is criminal activity?

Criminal Activity by Your Business Partner. Sometimes a business partner engages in criminal activity, such as fraud or theft. Criminal acts may include stealing money from the partnership or stealing money from a customer. These activities can both cost your business financially and undermine its reputation.

Is mediation a good way to resolve a conflict?

Additionally, mediation may be another alternative to resolving conflicts. Rather than engaging in a lawsuit for months or even years, mediation may provide a more efficient result. However, mediation requires the cooperation of both parties. There is no point in engaging in the mediation process if neither party wishes to work with the other. If mediation is not an option, your best option moving forward is suing your business partner.

Can you sue a business partner for abandonment?

You may wonder whether you can sue your business partner for abandonment. Abandonment occurs when the business partner leaves the partnership. In some situations, the business partner may continue to collect a paycheck despite not actively working. Abandonment constitutes grounds for suing a business partner as it may be considered a breach of fiduciary duty. All partners owe the other a duty to place the interests of the business above their own. If a business partner abandons the partnership to pursue opportunities for themselves, this may constitute a breach of fiduciary duty.

What happens if a contract is breached?

When any contract is breached, the party who was the victim of the breach can sue for damages. This includes contracts entered into between co-partners in a business venture. Your business partner violates your intellectual property rights. If the company owns a patent, copyright, or trademark, your business partner cannot begin to personally use ...

What happens if your business partner steals money?

If your partner stole money or property from the company, you can file a claim to try to recover the items or funds. Theft or embezzlement is not only a civil matter, but is also a criminal matter. Your business partner breached his fiduciary duty.

What happens if a partner breaches the terms of the agreement?

If a partner breaches the terms of the agreement, the non-breaching parties can sue for breach of contract. Other contractual terms that may allow remaining partners to sue a departing partner include: Noncompete clause. Buy/sell terms. Nondisclosure clause.

What is breach of fiduciary duty?

A breach of fiduciary duty is taken a step further when theft or fraud is involved. If business partners steal from the business or engage in other fraudulent activities, it can be considered a crime in addition to being a civil breach of duty. If your business partner stole money or property from the business, ...

What are fiduciary duties?

Fiduciary duties include: Duty of good faith. Duty of care. Duty of loyalty. A business partner must continue to honor their fiduciary duties and act in the best interests of the partnership — and not for their own personal gain — while still a part of the partnership. Self-dealing is a term that is used to describe business partners who conduct ...

Can you take legal action against a former business partner?

Another breach of fiduciary duty, and a reason you may be able to take legal action against a former business partner, is if they infringed on the business's intellectual property rights.

What is a nondisclosure clause?

Nondisclosure clause. Employment agreement. One thing to keep in mind is that judges generally don't like enforcing contracts that are unfair or otherwise voidable. Therefore, the partner who left could potentially have a defense to leaving the business if good cause can be shown.

What to do if your business partner abandons you?

If you have been abandoned by your business partner, a business law attorney in your area can help you determine whether you have legal standing to sue and if there are other options available to you to lessen the sting.

Can a partner leave a partnership?

Generally speaking, a partner is free to leave a partnership when they want to, and doing so will trigger a business dissolution. The dissolution will take place according to the terms of the partnership agreement or operating agreement — or state law in the absence of a controlling document. However, it may be possible to sue a business partner ...