Tampa Breach of Contract Attorney
When two parties enter into an agreement in Tampa and one of the parties does not hold up its end of the bargain, the aggrieved party or parties may be able to file a breach of contract claim. Likewise, if you are being sued in a breach of contract claim, you may know that you never intended to enter into a contract, but the other party is claiming that you did.
No matter what kind of contract dispute or breach of contract claim you are facing, an experienced Tampa breach of contract attorney can assist you. An advocate at HD Law Partners can speak with you today about your case.
What is a Contract in Tampa?
A contract is an agreement that exists between two or more parties. In the most basic terms, a contract exists when one party offers something of value and the other party accepts. The offer can be a promise to perform an action or service, or to deliver goods, for example. Some types of contracts in Florida must be in writing, while others can be valid if they are only oral agreements. Sometimes written contracts need to have official witnesses in order to be valid.
Your Tampa breach of contract lawyer can speak with you about enforcing the terms of a contract or defending against a breach of contract claim.
Essential Factual Elements of a Tampa Contract
If the defendant argues that no contract actually was created, the plaintiff will need to show that the essential factual elements of a contract are present. The Florida Supreme Court lists the following as the essential factual elements of a contract:
- “Essential contract terms were clear enough that the parties could understand what each was required to do”;
- “Parties agreed to give each other something of value”; and
- “Parties agreed to the essential terms of the contract.”
In determining whether the parties agreed to the essential terms of the contract, the court should look at the circumstances in which the contract was created and decide whether a reasonable person would, under those circumstances, believe that the parties had entered into an agreement and that a contract was created.
Damages and Remedies in a Tampa Breach of Contract Case
Depending upon the specific facts of your case, you may be eligible for different types of remedies in a breach of contract claim. For example, the court may be able to order specific performance or to provide damages for the claimant’s financial losses.
It is important to remember that most successful breach of contract claims involve a material breach (as opposed to a non-material breach). A material breach is one that is significant and typically involves a substantial economic (or other loss) for the claimant.
Contact a Tampa Breach of Contract Attorney
Under Florida law (Fla. Stat. § 95), most breach of contract claims come with a five-year statute of limitations. However, that timetable may be shorter depending upon the specific facts of your case. As such, it is important to speak with an experienced Tampa breach of contract attorney as soon as possible about your case. Contact HD Law Partners to speak with an advocate about filing a claim.
