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When Can I Legally and Successfully Breach an Existing Contract in Florida?

Our Morgan Law Group attorneys in Florida know that well-drafted, executed, and properly utilized contracts are a necessary part of doing business.

These contracts should clearly lay out the agreements being made by both parties, including the expectations and criteria to be met and the consequences in the event of a breach.

When one party fails to fulfill any of its contractual obligations, it is considered a breach of contract.

The question becomes, is there a time when one party can successfully breach a contract without legal consequences. The answer is, it depends.

What Constitutes a Breach of Contract in Florida?

All breach of contract circumstances and the specifics therein are unique. However, a breach of contract can occur when one party fails to perform the duties outlined in the contract on time, in accordance with the terms of the agreement, or does not perform at all.

Before one party can seek damages from the breaching party, two things must be true under Florida law:

  • There must be a valid legal contract in place.
  • The valid legal contract must be materially breached, causing financial harm.

When a contracting party commits a breach of the contract, the counterparty is discharged of its obligations under the contract.

How Does Florida Law Identify a Material Breach of Contract?

The fact that the breach must usually be material to give rise to damages is unique under Florida law.

A material breach of contract requires that the breaking point of the contractual duty be significantly important.

That means the result of the breach is substantial in magnitude and is commonly found to be material when there is a failure to comply with price and payment obligations. The meeting of certain deadlines can also be deemed material, particularly where the contract provides that time is essential.

Administrative, technical, or minor provisional breaches of contact will typically not rise to the material level. Likewise, material breaches may not be proven to exist where little to no harm or injury is suffered due to the alleged breach, or when there is a slight delay in meeting deadlines.

What are the Available Remedies for Florida Breach of Contract?

When an individual or business breaches a contract, the other party named in the agreement may be entitled to relief, or a remedy, under Florida law.

The main remedies for a breach of contract in Florida may include:

  • Damages in the Form of Financial Compensation
  • Specific Performance, Requiring the Other Party to Fulfill the Contract
  • Cancellation and Restitution

If your business has been materially disrupted due to a breach of contract, or if you have questions about your role in the agreement after another party breached their contractual obligations, contact our Morgan Law Group breach of contract attorneys in Florida today at (786) 706-9228 for a free case evaluation. We can help you understand your complete legal rights and options to get your business back on track.