What Are Some Warning Signs That I Should Contact An Attorney for Business Litigation?
If you’re served a complaint, you know you’re now part of litigation. Or, if you are a plaintiff and you have tried to resolve the matter without litigating but you’re forced to go and get an attorney. Business organizations in Florida are required to have an attorney to represent the company. You need to have an attorney to draft a complaint and make sure it has merits enough to survive a motion to dismiss. You are in business to make money and when you’re in court or you’re in depositions, you’re not making money. An attorney can dig up the information you can use to try to resolve a case before it ever goes to litigation.
What Is A Material Breach Of Contract?
A material breach is one that can give the other party the ability to void the contract if they choose to do so. It is a breach of a major term, as opposed to a minor one, where you can enforce the rest of the contract.
What Do I Need To Prove To Succeed In A Breach Of Contract Claim?
The first thing you need to prove in a breach of contract claim is that there was a contract in place. You had to have had a meeting of the minds and there needs to be termed to be performed by both parties. If there are terms that only need to be performed by one party, there is what’s called lack of consideration. Both parties have to have some type of benefit. If a contract is oral, that can open up a whole new can of worms. They can be enforceable but in a business, a contract should be in writing. Typically, there are not stringent signing requirements.
A breach of contract claim alleges is that there is a breach and that breach is material. Once you establish that, you have the nuts and bolts of the liability portion of the claim and the elements of the cause of action. You also have to have damages. If you cannot provide proof of damages, you will not prevail.
For more information on Contacting A Business Litigation Attorney, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (772) 242-3600 today.
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