When you strike an agreement with someone, you expect them to hold up their end of the bargain. One of the ways to hold someone accountable is through a contract. Unfortunately, there are situations where one party is not going to hold up their end of the bargain.
When this happens, it could be called a breach of contract, and you need a breach of contract lawyer to assist you. What does a valid contract look like, what constitutes a breach of contract, and why should you hire a breach of contract lawyer to help you?
In general, a valid contract is a signed contract that dictates terms for two or more parties. In many cases, something of value is exchanged, and each party enters into the contract of their own free will.
There are several examples of situations where contracts might be used. They include:
If you sign a contract, you will be expected to adhere to the terms of the contract that you have signed.
So, what is considered a breach of contract? In contract law, a breach of contract takes place when one party in the contract fails to perform the obligations that they are held to in the contract. The contract has to be proven valid, and a breach has to be proven. In many cases, a breach of contract situation can result in protracted litigation, but if you hire an attorney who has experience dealing with contract disputes, you can consider all of the options available to you, making sure you put yourself in the best position possible to be successful.
In general, a breach of contract case can be divided into several categories. Some of the most common types of breach of contract cases include:
One of the most common types of breach of contract cases is called an actual breach of contract. This situation takes place when one party in the contract fails to perform what they agreed to. There are some situations where there can be an entire breach of contract or a partial breach of contract. If you breach your contract, and the other party incurs damages as a result of that breach, it is usually called an actual breach of contract.
Another type of breach of contract case is called an anticipatory breach of contract. This type of breach of contract takes place when one party has not breached their contract, but they have alerted the other party that they intend to. By giving the other party some advance notice, it might be possible to mitigate some of the damages that would otherwise be incurred. It might also be easier to sort through the case before the actual breach of contract takes place.
The most common type of breach of contract case is called a material breach of contract. In this situation, one party has completely failed to do what was laid out in the contract. For example, if you agree to purchase a car from someone, but the other person does not turn over the title to you, this could be considered a material breach of contract.
Another category of breach of contract is called an immaterial breach of contract. This is often called a minor breach of contract case. The breach of contract is minor, but it still caused damages to occur, so you could still end up in court. For example, if you agree to purchase something from a supplier, but the supplier delivers the items late, it could be considered an immaterial breach of contract.
There are several important reasons why you should reach out to a breach of contract lawyer who can represent you in this situation. Some of the most common reasons include:
Without a doubt, one of the biggest reasons why you need to reach out to a breach of contract lawyer is that you can save a significant amount of time. Unfortunately, the justice system works slowly, and if you do not hire a lawyer who can help you, it is not unusual for a breach of contract situation to take several months or even a year to resolve. You have a lot of other important things you need to do, so you need to resolve the situation as quickly as possible. That is why it is helpful to reach out to a breach of contract lawyer who can assist you.
As alluded to above, there are a lot of complicated matters that have to be resolved regarding a breach of contract situation. You will need to prove that a valid contract existed, that damages were incurred as a result of the breach, and that the breach of contract was the result of the other party's action or inaction. On the other hand, if you are the defendant, you need a breach of contract lawyer who can represent your rights and negotiate a favorable resolution. There is a lot of jargon involved, and having a breach of contract lawyer available to translate it can be beneficial.
Finally, you also need to be aware of every option available to you. For example, there might be some situations where a force majeure clause could be present in the contract. If the breach of contract was a result of something that nobody could have possibly foreseen, such as a global pandemic, there could be another resolution to the case. The only way you will be aware of these options is if you work with a breach of contract lawyer who can represent your rights and defend your interests.
If you are looking for help with breach of contract cases in Florida, it would be our pleasure to assist you. We are Aaron Delgado & Associates, and we have a tremendous amount of experience working with clients of all backgrounds in Florida. It would be our pleasure to represent you in a breach of contract case, so contact us today for a case consultation.