Breach of Contract
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Tampa Breach of Contract Lawyer
Sometimes parties are unhappy with one or more of a trial court’s rulings. If, and only if, there is a good faith basis for challenging this ruling under applicable law, we initiate appeals on behalf of our clients and take these matters to the appropriate appellate court. Typically, a trial court’s order cannot be appealed unless it is a “final order.” This means that litigants are bound by trial courts’ decisions in almost every instance unless such decisions are part of the trial court’s Final Judgment, or such decisions require immediate consideration by the appellate court because the passage of time will cause irreparable harm. Contact our experienced Tampa family appeals lawyers today for more information or assistance.
Corporate Lawyer Tampa
Florida Breach of Contract Law
Types of Contract Disputes
In essence, a contract is an exchange of promises, with each party’s promise to perform conditioned in some way on the other party’s promise to perform. Some oral contracts are valid, while others must be in writing to be enforceable. Even without an express oral or written contract between the parties, a contract can still be implied in law based on the circumstances and the parties’ behavior. Understanding whether a contract was ever formed is often an initial step in resolving a business dispute. As attorneys who regularly provide advice and counsel to business clients on contractual matters, our firm is well-equipped to analyze your dispute and determine key aspects of an alleged breach. For instance:
Validity – Is the subject matter of the contract legal and proper? Are the parties in agreement as to what the terms of the contract are? Was one party coerced into accepting certain terms?
Anticipatory Breach (repudiation) – Has one party clearly and positively indicated, by words, conduct or both, that the party cannot or will not perform the contract? Is the other party willing and able to perform?
Material Breach – Has one party failed to do something essential that is required by the contract, or done something prohibited by the contract which was essential to the contract? Did this breach cause damage or harm to the other party? Was the breach only partial, and did the party substantial perform its obligations?
In theory, any breach can cause damage, and a material breach can excuse performance by the other party. In many Florida courts, however, materiality is a key concept from the outset; these courts require that any breach be a material breach before a claim for nonperformance can be pursued. With decades of experience handling breach of contract matters in the Tampa Bay area and throughout Florida, our lawyers provide knowledgeable, aggressive and effective representation in the resolution of your dispute.