what type of attorney for breach of.contract

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

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 I sue a lawyer for breach of contract?

Find a local Breach Of Contract attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Breach Of Contract lawyer for you.

Who can sue for breach of contract?

Aug 24, 2018 · Breach of Contract. A breach of contract may occur when one party does not uphold the terms that were originally put in place within the contract. There are a number of ways in which a breach may occur. Types of contract breaches may include: Minor Breach: is when someone only partially fulfills their obligation or eventually upholds the terms ...

When to sue for breach of contract?

When a breach of contract claim arises, you need an experienced civil attorney. Call the Attorneys for Freedom Law Firm today for help.

How can you fight a breach of contract?

What are the 4 legal remedies for breach of contract?

What 3 elements must a breach of contract claim?

What is the most common remedy for a breach of contract?

What are consequences of breach of contract?

What are the most frequently awarded legal damages?

Can you sue someone for breach of contract?

Is breach of contract a criminal case?

How a contract is considered breached?

What type of damages are not generally available for breach of contract?

What is normally awarded as damages for a breach of contract?

Which damages are not recoverable for breach of contract?

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...

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 is breach of contract?

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. If a party does not do what the contract instructs that they do, ...

What is anticipatory breach?

Often referred to as anticipatory repudiation, this type of breach occurs when the breaching party tells the non-breaching party that they will not be fulfilling the terms of their contract. Once the other party is notified, they can sue for breach of contract. A party has committed a minor breach.

Can a contract be breached?

Some other ways that a contract can be breached include when the contract is fraudulent, if the contract was formed illegally or is unconscionable, and when there is a mistake of fact present in the contract terms. The parties may also include conditions that are unique to their particular contract, which will specify when a party’s actions can be ...

What is legal remedy?

Legal remedies refer to monetary award damages, such as compensatory, nominal, and liquidated damages. In contrast, equitable remedies are issued by a court when a legal remedy will not sufficiently make up for the damage done. This includes remedies, such as specific performance, reformation, or rescission.

Can a buyer sue for breach of contract?

The buyer can then sue for breach of contract and collect compensatory (monetary) damages from the seller, or they might seek restitution for the missing merchandise instead. Other examples of damages might include expectation, reliance, consequential, and punitive damages.

What is mutual mistake?

Mutual Mistake: If the parties are mistaken about the purpose or terms of their agreement, then this can serve as a defense to breach of contract. Duress: If the other party forced the breaching party to sign the contract against their will, it is a defense and will invalidate the contract.

What is the doctrine of Unclean Hands?

Unclean Hands: Unclean hands or the “dirty hands” doctrine is typically raised in cases where both parties have committed a wrongdoing that led to a breach of contract. It is an equitable or affirmative defense that prevents the party bringing the lawsuit from collecting any damages because both are at fault.

What Is a Contract?

A contract is a set of binding promises that each party agrees to. These promises create obligations, responsibilities, or duties for each party that are enforceable by law.

How an Attorney Can Help

Prior to signing any contract, it is always best to have your attorney review a contract to ensure that the terms represent your understanding of the agreement. If not, they can assist you in editing the contract to clarify and define any unclear terms before you sign the contract.

Finding a proper attorney

It is important that you consider engaging an experienced attorney when you have issues involving contracts. Recommendations from friends or family familiar with an experienced attorney may prove useful. Professional sites or bar associations listing attorneys certified in contract law may also provide guidance.

When should you retain an attorney to assist you in a contract dispute?

If a party with whom you have a contract is breaching the agreement and you need assistance with obtaining your due consideration, you should retain a contract dispute attorney. Learning and understanding legal terms, court documents, court procedures, and court opinions can be overwhelming.

King & Jones

At the law firm of King & Jones, we believe in building close relationships with all our clients. Our experienced staff of attorneys can assist you should disputes arise, and will use their experience and expertise to provide the strongest advocacy in your case.

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 is proximate cause?

The term “proximate cause” refers to the harm that is reasonably foreseeable and connected to the action that is being attributed to it. For example, if an attorney discloses information that is vital to your case, it is foreseeable that this information could find its way to opposing counsel and hurt your case results.

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.

Who is Ron Makarem?

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

What is the law of contract?

It protects and enables brokers, buyers, employees, entrepreneurs, companies, business partners, or anyone entering into a legal agreement to seek redress in case there is a breach of contract. Business and contract law ensures parties who enter into a legally binding contract can protect ...

What are the types of breach of contract?

Types of breach of contract. Business law or the law of contract recognizes the following types of breach of contract or consequences: 1. Minor Breach. Also known as a partial breach, a minor breach occurs when the breaching parties don’t violate the entire contract, but at the same time, they fail to perform part of what they had agreed ...

What is restitution in contract law?

As a contract remedy, restitution means that the non-breaching parties are restored to the position they were in before there were breaches of contracts. On the other hand, cancellations void contracts and frees parties of contracts from their obligations under their agreement.

What is a minor breach?

Also known as a partial breach, a minor breach occurs when the breaching parties don’t violate the entire contract, but at the same time, they fail to perform part of what they had agreed when they entered into a contract with the non-breaching party.

What is an anticipatory breach?

Anticipatory breaches occur when one party realizes that the other party will not, or does not intend to fulfill the terms agreed upon in their contract even before the delivery or performance date arrives. The breaching party may notify the non-breaching party in writing or verbally.

What is fundamental breach?

4. Fundamental Breach. A fundamental breach is a type of breach of contract where the aggrieved party can sue for damages if there is a breach. The non-breaching party can also terminate the contract if he/she wishes to even if the contract has uncompleted portions.

What is actual breach?

Actual Breach. Actual breaches are the types of breaches that have already occurred. In other words, the breaching party is already in the wrong because he/she has not fulfilled his/her obligations by the due date, or the breaching parties have performed their duties improperly or incompletely.

What are the remedies for breach of contract?

The five main categories of remedies for breach of contract are: 1 Restitution: restores injured party to the position they occupied before the contract. 2 Reformation: when a court reforms the contract to correct any inequities. 3 Specific performance: the breaching party has to perform their duties as specified by a contract in a good faith. This is typically used when money damages are not adequate. 4 Money damages: refer to financial payments the breaching party must make for violating the contract’s terms. there are two different types of money damages, compensatory and punitive damages. 5 Rescission: contractual obligations on both sides are terminated by the court.

What happens if a contract fails?

But since contracts are legally binding documents, if a part does fail to meet their contractual obligations, there is usually recourse to a remedy. When there is a failure to meet contractual obligations, this is known as a breach of contract. Of course, it is important that you are able to recognize when a breach has happened.

What is a minor breach?

A minor breach, also sometimes called an immaterial breach or partial breach, is a situation where the important aspects of a contract were received but some small part of the obligation was missed.

What is anticipatory breach?

An anticipatory breach is when one of the parties to the contract acknowledges that they won’t be able to fulfill their side of the contract by the agreed upon time. So, this usually happens when the breaching party notifies the other party of their inability to fulfill their contract obligations.

Can you prevent a fundamental breach?

It’s essentially impossible to prevent the possibility of a fundamental breach. After all, you can neither predict nor control what the other parties in the contract do. However, there are ways to minimize any potential risk. One option is to draft a contract with the best possible agreements.

Why should a contract manager monitor the performance of a contract?

Contract manager should actively monitor the contract performance to ensure both parties meet their contractual obligations. Monitoring can also help you first identify and then contain and possible problems before they become actionable.

What happens if one party breaches a contract?

If one party breaches a contract, they can be—and often are—subject to legal proceedings. However, in some cases, if it is a minor breach then one should ensure whether the order is fulfilled properly. Obviously, what happens depends on what type of contract breach has occurred.