what is a breach of contract attorney

What is Breach of Contract? If you hired an attorney to represent you in court and then found that your attorney failed to follow the specific terms that were laid out within the contract held between the two of you for the duration of the case, then this could mean that your attorney has breached contract.

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What kind of lawyer do I need for a breach of contract case?

May 13, 2020 · A breach of contract may occur when a party to a valid contract has failed to fulfill their side of the agreement. For instance, the terms of a contract are what guides the parties in what they must do and how they should do it in order to maintain their promise.

Can I sue a lawyer for breach of contract?

Aug 19, 2021 · In short, a breach of contract is a broken promise. Contract Breaches Contracts begin with an offer of monetary consideration, goods, or services to another party for their monetary consideration, goods, or services. When either side refuses to honor the agreement, it may catch you off guard and leave you feeling betrayed.

Who can sue for breach of contract?

Jul 21, 2015 · If you hired an attorney to represent you in court and then found that your attorney failed to follow the specific terms that were laid out within the contract held between the two of you for the duration of the case, then this could mean that your attorney has breached contract. Sometimes, a breach of contract can involve an attorney failing to research appropriately for a …

Who is liable for breach of contract?

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 …

What is considered to be breach of contract?

What Is a Breach of Contract? A breach of contract is a violation of any of the agreed-upon terms and conditions of a binding contract. The breach could be anything from a late payment to a more serious violation such as the failure to deliver a promised asset.

What are examples of breach of contract?

Common Examples of a Breach in Contract You'd Never ExpectDeliver services as promised.Perform a job.Interfering with someone's ability to meet obligations.Deliver goods as promised.Complete a job.Pay a party within a certain time frame.Aug 25, 2021

What are the 4 legal remedies for breach of contract?

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

What are three types of contract breach?

There are four types of contract breach recognized by law today:Minor breach.Material breach.Actual breach.Anticipatory breach.Mar 17, 2020

What is the most common breach of contract?

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

What are the consequences for breach of contract?

Under the law, once a contract is breached, the guilty party must remedy the breach. The primary solutions are damages, specific performance, or contract cancellation and restitution. Compensatory damages: The goal with compensatory damages is to make the non-breaching party whole as if the breach never happened.

How do you prove damages in a breach of contract?

What Is Required to Prove Compensatory Damages?Causation: The defendant's breach must be the reason for the plaintiff's economic losses. ... Foreseeability: The losses must be foreseeable at the time of contract formation. ... Calculable: The losses must be quantifiable and able to be calculated into specific monetary amounts.More items...•Sep 29, 2021

What is injunction for breach of contract?

An injunction is basically like a decree for specific performance but for a negative contract. An injunction is a court order restraining a person from doing a particular act. So a court may grant an injunction to stop a party of a contract from doing something he promised not to do.

How do you claim a breach of contract?

There are three crucial elements that must be present for a contract to exist, which are as follows:There must be an offer made to one party, which is then accepted by another.The parties must have had a clear intention to be legally bound by the terms of the agreement.More items...•Nov 2, 2021

What are the two types of breach?

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 Different Types of Breaches?

The following are different types of contract breaches: 1. Minor Breach: a minor breach occurs when one party “substantially performs,” or meets th...

What Is The Difference Between Oral v. Written Contract?

Contracts made only by spoken agreement may be legally enforceable. However, it is best to memorialize them in writing, especially if a legal remed...

What Remedies Are Available For A breached Contract?

There are several remedies for breach of contract: 1. Compensatory Damages: The most common legal remedy, compensatory damages are a monetary award...

What Should You Do in The Event of A Breach?

If there has been a breach of contract, your first step is to look at the contract to see if there is instructions as to what you should do in the...

Do I Need to Consult An Attorney?

Contract law can be complicated, and every state has different lawsuit filing procedures and deadlines for breach of contract claims.Speaking with...

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...

Contract Breaches

Contracts begin with an offer of monetary consideration, goods, or services to another party for their monetary consideration, goods, or services. When either side refuses to honor the agreement, it may catch you off guard and leave you feeling betrayed.

When You Breach a Contract

In the reverse situation, you could be the one who broke the contract and are now in breach. Sometimes life circumstances make breaching a contract your only viable option.

When You Can Salvage a Situation

In most cases where there is a breach of contract, the one suffering damages expects you to honor the agreement and pay any associated damages for time or money lost. They expect compensation for the lost goods or services.

Negotiate With the Other Party

In the same example, let’s say you can’t find anyone to edit the video. You decide to tell the couple that your husband will edit the video when he gets out of the hospital. The couple gets angry and begins to call and harass you. You quit taking their calls and hire an attorney. The couple also hires an attorney.

Going to Court

Sometimes, both sides become unreasonable, and there is no solution beyond taking the case to court. If the couple in the example above demands monetary damages above and beyond what you’ve offered, you may choose not to give in.

Contract Law

Whether you are the wronged party or the one who breached the contract, the complicated nature of contract law makes it difficult as a civilian to negotiate your way through. Often heightened emotions govern your and other’s minds.

We Can Help

At Jarrett Law, we understand that your business needs rock-solid contracts to stand on. When you face a breach of contract, you need an expert to walk you through the possibilities.

What is Breach of Contract Law?

A breach of contract is the legal term for when a party fails to perform its obligations under the agreement. Exactly what constitutes a breach of contract will depend on your specific circumstances (e.g., the written contract, the parties' intent, any applicable state law, and other facts).

What Are the Different Types of Breach of Contract?

Not all breaches are the same, and different types exist that carry different meanings under the law. Here, you’ll read more about the different types of contract breaches and see some hypothetical examples to illustrate the concept.

Legal Breach of Contract Examples

Here are some hypothetical examples of breach of contract for material, minor, anticipatory and actual breaches.

Need Help With a Legal Breach of Contract Claim?

Cueto Law Group is a Miami-based, boutique law firm whose attorneys handle matters involving commercial transactions and litigation. The firm – founded by international business attorney Santiago Cueto – regularly provides legal advice to clients in contract defenses, and breach of contract cases.

What happens if my attorney doesn't contact me?

In some circumstances, issues can arise when your attorney fails to contact you for extended periods of time, sends you bad checks, or even chooses to settle your case without consulting you first.

What is proximate cause in a case?

To make your legal case more effective, the breach your attorney made must have been the proximate and foreseeable cause of the damages that were done to you. The term “proximate cause” refers to the harm that is reasonably foreseeable and connected to the action that is being attributed to it.

What is breach of contract?

Sometimes, a breach of contract can involve an attorney failing to research appropriately for a given case, failing to file an action or lien, as well as a number of other situations. In order for your legal malpractice claim to have appropriate merit, you will need to determine whether your attorney’s breach was the reason ...

What does it mean when an attorney fails to follow the terms of a contract?

If you hired an attorney to represent you in court and then found that your attorney failed to follow the specific terms that were laid out within the contract held between the two of you for the duration of the case, then this could mean that your attorney has breached contract. Sometimes, a breach of contract can involve an attorney failing ...

Why is it so hard to win a case of legal malpractice?

This is because you must prove not only that you had a contract with your attorney that was breached; but you must also prove that you would have been entitled to monetary damages in your original case should you have been represented more appropriately.

Can you waive attorney-client privilege?

Keep in mind however, that it is likely your attorney who will attempt to defend himself against your allegations, which means that when you file a malpractice claim, you will waive the attorney-client privilege. This is something that you must clearly understand before you open this door.

Who is Ron Makarem?

Ron Makarem is a certified Legal Malpractice Specialist by the California State Bar.

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 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 a rescission in a contract?

Rescission: Rescission is an equitable remedy that voids the 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 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 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 happens when a court orders specific performance?

If a court orders specific performance, the breaching party is required to fulfill its obligations under the terms of the contract. Specific performance may be granted in cases where monetary damages would not adequately compensate the non-breaching party.

What happens when a party does not do what the contract requires of them?

When a party does not do what the contract requires of them, then the non-breaching party is allowed to take legal action and can sue them in court. A breach of contract can either be a minor or material breach. Material breaches are the more serious of the two and are thus more likely to end up in court.

What is breach of contract?

A breach of contract is said to have occurred when a party to a contract fails to uphold their end of the agreement. The terms of a contract are meant to provide the parties with guidance on how to fulfill their obligations. When a party does not do what the contract requires of them, then the non-breaching party is allowed to take legal action ...

What is the purpose of a court's examination of a breach?

This distinction will help the court to determine the amount and type of damages that the breaching party should have to pay to the non-breaching party.

How to reduce costs of a breach of contract?

Thus, alternative methods, such as mediation, arbitration , or settlement negotiations , will usually cost less than when hiring an attorney for a trial. Additionally, these other methods may reduce costs due to the time involved. For instance, mediations are often the quickest way to resolve a breach of contract dispute.

What factors affect breach of contract costs?

Another factor that can affect breach of contract costs are contract attorney billing rates. Contract attorneys may handle a number of different tasks, such as drafting and reviewing contracts, negotiating the terms of a contract, and providing representation on behalf of their clients in court. The rate at which a contract attorney bills can vary ...

What factors can significantly affect costs?

One factor that can significantly affect costs is based on what is provided in the terms of the actual contract itself. For instance, some contracts contain clauses that state when a breaching party will be liable for paying the cost of the non-breaching party’s legal fees.

What are some examples of material breaches?

Some common examples of breaches include: When one or both parties fail to perform their obligations at all; When one party fails to fulfill their legal duties within the time period agreed to in the terms of the contract;

What is breach of contract law?

Breach of contract law stipulates that a breach of contract happens when one of the parties to the contract fails to live up to his part of the agreement. 3 min read

What are the conditions for a court to take up a breach of contract lawsuit?

Conditions for Courts Taking Up Breach of Contract Lawsuits. Courts have standards for hearing cases involving breach of contract violations. In many states, there are four main conditions that have to be fulfilled for a court to accept to hear a breach of contract lawsuit: The contract should be valid.

What are the different types of breach of contract?

There are four basic types of breach of contract scenarios: A Minor or Partial Breach: This involves the breach of some terms of the agreement. A partial breach does not excuse the aggrieved party from living up to his side of the bargain. An Anticipatory Breach: An anticipatory breach is one that has not happened yet.

What does the aggrieved party have to prove?

The aggrieved party must prove that the contract in question is legal and meets all the requirements of an enforceable contract. The aggrieved party lived up to his end of the deal. The person aggrieved by the breach of contract must prove that he has fulfilled his side of the contract for the lawsuit to be taken up by most courts.

What is the best way to deal with a breach of contract?

Courts have many options in dealing with proven breach of contract violations: Issuing court orders. The court may give an order obligating the party that breached the contract to fulfill its side of the contract. This is normally the case for minor or partial contract violations. Awarding damages.

What is fundamental breach?

Fundamental Breach: A fundamental breach of contract is one of the most serious contract violation levels. In such a breach, the aggrieved party can sue and get damages.

Why do we sign contracts?

Contracts are signed with the intention of reducing the possibility of future misunderstandings. Because of some changes in the circumstances or financial affairs of the parties to the contract, one party may fail to live up to his expected terms in the agreement. This is called a breach of contract.

What are the Elements of a Contract and How Can They be Breached?

Whether its terms are for the merger of a multi-million-dollar business or for the sale of a candy bar, there are four elements that are essential to every contract. Every contract must contain these elements in order to be considered legally bound to the agreement:

What Damages Can I Recover When a Contract Has Been Breached?

The resolution of breach of contract disputes is not as cut and dry as some might think. There are often questions about intent and performance that are not easily resolved. This often happens when parties enter into a contract based on “trust” and therefore leave out some important terms.

What Other Legal Remedies Are Available to Me When a Contract Has Been Breached?

Besides an award of damages, courts may offer one or more of the following remedies to a non-breaching party in a breach of contract cause of action:

Baltimore Breach of Contract Attorney

If you are involved in a breach of contract dispute, it is imperative that you consult with a skilled contract attorney who can give you guidance on what your options are going forward.

What Is Breach of Contract Law?

• A breach of contract is the legal term for when a party fails to perform its obligations under the agreement. Exactly what constitutes a breach of contract will depend on your specific circumstances (e.g., the written contract, the parties' intent, any applicable state law, and other facts). The law for a breach of contract generally comes from the...

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What Are The Different Types of Breach of Contract?

Legal Breach of Contract Examples

Need Help with A Legal Breach of Contract Claim?