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Understanding breaches of contract

Companies in and around Miami enter into business contracts on a daily basis. These contracts may be made with individuals, other businesses in Florida, businesses in other states and even government entities. Contract disputes can arise over varying issues and one of the most commonly known issues is a breach of contract. As identified by Black’s Law Dictionary, this is alleged when one party believes that the other has not fulfilled an obligation of the contractual relationship.

Assessing a contract dispute first begins by reviewing the original contract itself and any subsequent modifications to accurately determine the requirements of both parties per the agreement. If it is deemed that a breach of contract did actually occur, details of that breach must be outlined, including the following:

  • Any willfulness or negligence in the breach
  • Any damage that may have resulted 
  • Any benefit to the breaching party
  • Extenuating circumstances that affected the breach for either party
  • Whether or not the contract can be continued

A breach can focus on the incorrect or lack of fulfillment of what was promised. This form of breach is referred to as material. The party that did not receive what was promised no longer has to abide by the terms of the contract and can seek immediate restitution.

In a minor breach, the breaching party actually provides what was promised but perhaps not on time. The Judicial Education Center at the University of New Mexico indicates that in such cases, the non-breaching party must still fulfill its obligations per the original contract while still seeking damages.

Both sides in a breach of contract dispute may have valid arguments in their opinions. Such disputes can be complicated to resolve, making appropriate legal representation highly important.

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