When businesses reach an agreement, they usually memorialize the details in written documents like contracts. However, it’s not uncommon for situations to change after the execution of the contract. One party might simply decide not to honor provisions in the contract. When this happens, the other party might have to prove breach of contract to force the contract’s performance or recover any losses.
A breach of contract can refer to part or all of the contract. Also, breaches might be minor, like when a vendor misses a due date by one day but still delivers the right product. However, a material breach is far greater. For example, the vendor doesn’t just miss the delivery date but delivers the wrong product or service or refuses to deliver at all.
In any event, when one party fails to perform obligations contained in a contract, the other party might take legal action to be recover.
Elements needed to Prove Breach of Contract
Generally, there are four elements in a breach of contract claim. The injured party will have to prove that:
- a contract existed,
- the other party did not fulfill its contractual obligations,
- the failure or breach was not allowable, and
- the other party’s breach damaged one party.
Your business lawyer can discuss your case with you as it relates to these four elements.
Tips for Proving Your Claim
If you feel a breach of contract has occurred or is currently happening, consider taking the following actions.
- Watch for any signs that a breach of contract is imminent.
- Gather copies of all business records related to the contract in question.
- Keep a record of what is happening, including names, dates, and other pertinent information.
- Discuss your claim with an experienced Florida business lawyer as soon as possible.
In fact, you might avoid some breach of contract claims by making sure your contracts are well-written. Your attorney can ensure that your contracts are enforceable while taking steps to protect your rights.
Ask a Florida Business Lawyer How to Prove Breach of Contract Claims
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.