In most cases, our Florida contract attorneys pursue claims for money damages or equitable relief on behalf of our clients.
Compensatory Damages: Compensatory damages are intended to “make the plaintiff whole” and provide monetary relief representing the benefits the plaintiff would have received had the contract not been breached. Compensatory damages may include consequential damages, which are intended to provide compensation for any indirect damages caused by the breach of contract. For example, our attorneys may be able to recover lost profits caused by another party’s failure to perform its obligations under a contract.
Liquidated Damages: Some contracts contain a liquidated damages provision, which provides a specific, predetermined amount of money that a court can award to the aggrieved party if the contract has been breached.
In general, liquidated damages provisions in contracts are enforceable in Florida courts if:
The damages resulting from the breach are not readily ascertainable; and
The amount of liquidated damages provided under the contract is not grossly disproportionate to the actual damages incurred.
Attorneys’ Fees and Costs: The fees and costs of the contract litigation may be recoverable if such recovery is expressly provided for under the terms of the agreement.
Equitable relief is an order from a court requiring a person or company to act or refrain from acting in a certain way.
Specific Performance: In some cases, our attorneys can also seek an order from the judge requiring “specific performance” in a Florida breach of contract lawsuit. If a court orders specific performance, the breaching party is required to fulfill its obligations under the terms of the contract. Specific performance may be granted in cases where monetary damages would not adequately compensate the non-breaching party. For example, if a contract is for the sale of unique goods that cannot be obtained from another seller, a court may issue an order requiring the breaching party to perform under the terms of the contract and deliver the unique goods.
Rescission: Rescission is an equitable remedy that voids the contract. When a Florida judge grants rescission, both sides are generally excused from any further performance under the contract. In addition, any money that had been remitted under the contract is usually returned.
Florida Business Torts Lawyers
Many breach of contract lawsuits also involve business torts. Florida law allows for businesses and individuals that have suffered financial damages due to unfair or unlawful business practices to recover compensation from the responsible parties.
Business Trial Group attorneys have handled hundreds of lawsuits throughout Florida involving complex business torts, including claims for:
- Fraud and Negligent Misrepresentation
- Unfair Trade Practices
- Defamation, Libel, and Slander
- Conversion and Civil Theft
- Misappropriation of Trade Secrets
- Tortious Interference with a Business or Contractual Relationship