Breach of Contract and Contract Disputes
The legally binding agreements created by contracts are essential for businesses. When one party “breaches” a contract, that is, fails to live up to their end of the bargain, the other party has legal remedies for the resulting damage. In an ideal world, parties to a contract would spell out every last detail before entering into an agreement. Also, parties to a contract would not fail to fulfill their promises or deliberately misrepresent facts (see our section on fraud ) to gain an unfair advantage in agreement. If you or your business is currently involved in a contract breach or dispute, you might be all too aware that business transactions do no always occur in an ideal world. Delray Beach contract lawyer Vincent E. Miller is a civil trial attorney representing businesses and individuals in commercial and business litigation. Mr. Miller has considerable experience in litigating cases involving business contract disputes and real property disputes in Delray Beach, Boynton Beach, Boca Raton and throughout South Florida.
Technically, any deviation from the agreement constitutes a breach. However, the law distinguishes between “minor” and“material” breaches. A “material” breach is a breach that strikes so deeply at the heart of the contract that it renders the agreement irreparably broken and defeats the purpose of making the contract in the first place. When one party has breached a contract, the aggrieved party’s remaining obligations and legal remedies often depend on whether there has been a minor or material breach. An experienced business litigation attorney like Delray Beach’s Vincent Miller will be able to advise you whether the other party’s conduct rises to the level of a material breach of contract.
The law has created a series of remedies to for the non-breaching party. The most common remedy is monetary damagesto put the non-breaching party in the position they would have occupied had the other party properly performed. The non-breaching party may pursue other remedies, such as specific performance, where the breaching party is mandated to comply with the agreement. Other remedies may require a breaching party to disgorge ill-gotten gains. The remedies available to the non-breaching party depend on the specific details of the transaction. Vincent E Miller, a leading business attorney in the Delray Beach and the South Florida area with vast experience in business law including successful litigation and trial experience, can offer you sound advice when a contract dispute or breach of contract arises. Contact us to schedule your complimentary consultation at (561) 819-6220. We are conveniently located at 55 SE. 2nd Ave. in the heart of Delray Beach, Florida.