When two parties enter a business agreement, there should be a clearly worded contract that outlines the rights and responsibilities for both. This contract protects the interests of all involved in that it provides clear expectations on what is expected from each party. A breach of contract can lead to financial loss and other complications for a Florida business, and appropriate action after this occurs is crucial.
Why did the breach occur?
A breach of contract includes anything that is a nonperformance of the contractual obligations outlined in the agreement, as well as failure to perform specific duties within the required amount of time. The most common types of breach of contract occurs include the following:
- A partial breach of contract is relatively minor, and the aggrieved party will likely have to fulfill their part of the agreement.
- A material breach is major, and it is likely significant enough to excuse the aggrieved party from their side of the contract.
- An anticipatory breach is the anticipation that a breach of contract may occur, and these can be quite difficult to prove.
After a breach of contract, there are a few options available that would allow the two parties to reach a reasonable agreement. It may be possible to renegotiate the contract, reach a negotiated settlement or seek recovery of losses.
Fighting for a beneficial outcome
Handling a breach of contract can be a complicated process. A business facing this difficult situation may benefit from the assistance of an experienced Florida business law attorney that can help them fight for a beneficial outcome to the situation. When deciding how to approach a breach, it is prudent to consider what makes the most sense long-term.