What constitutes a valid contract in the state of Florida?
For a contract to become a valid document, there must be an offer by one party to another, the acceptance of the offer, and consideration. Finally, a legal contract must have acceptance, or a manifestation of assent to the terms made by the offeree. Acceptance is generally acknowledged by the execution of what is written.
What is a Breach of Contract?
A breach of contract is a failure, without justifiable cause, to perform the actions of all or some of the parts of what is promised. This can include failing to perform in a way that meets the standards of the industry or the requirements of a warranty.
How does a judge recognize a Breach of Contract?
In a breach of contract case, a judge will observe the validity of the contract, decide if a breach occurred based on the material of the contract, and finally judge if the damages caused were a direct result of the breach of contract.
What is the difference between a Material and a Minor Breach of Contract?
The form of breach depends on a party’s written obligations and failures to perform what was promised. A Material Breach of Contract occurs when a breaching party fails to perform an aspect of the contract, and the other party receives something substantially different from what was originally promised. An example could be if a contract specifies a truck and the breaching party delivers a hybrid. If a Material Breach of Contract occurs, the non-breaching party is no longer obligated to fulfill their part of the contract and they gain a right to all remedies.
A Minor Breach of Contract occurs when the breaching party fails to perform an aspect of the contract, but the other party still receives the promised product of the contract. An example could be if a product is delivered after a specified deadline. The non-breaching party is still obligated to perform their required actions specified in the contract, but they are given the right to collect damages equal to the damages caused by the breach.
Jessica S. Mazariego, Esq.
Business Law Attorney