Who Does Your Firm Represent in Fraud and Breach of Contract Cases?
Typically, we represent the plaintiff, or the party who is bringing the claim. The Plaintiff is the one who has been defrauded or was the victim of a breach of contract. Sometimes, we represent the defendant who has been accused of the fraud or the breach of contract.
What Exactly Is the Legal Definition of a Breach of Contract?
A breach of contract occurs when a material provision of the contract has not been performed, , or when some action has been taken contrary to the terms of the contract that has frustrated the purposes of the contract. In short, the other party who had bargained for some benefit is deprived of that benefit because of the wrong committed by the breacher of the contract.
What Are Some Examples of Breach of Contract?
One person agreed to perform a service, and the other agreed to pay a fee for that service. But after the service is performed, the other party has refused to pay. Another example is where a general contractor or subcontractor has not performed the work required under the scope of work defined in a contract, or has not performed it correctly.
Under Contract Law, What Possible Remedies Are Available to the Non-Breaching Party in a Breach of Contract Claim?
Typically, the damages that one is entitled to receive is the amount of money that otherwise would have obtained but for the breach. In other words, if there had not been a breach of the contract, what would the non-breaching have received? This is called the benefit of the bargain. So, non-breaching party is entitled to receive the benefit of what had bargained for. The concept is to put the non-breaching party in the position she would have been in if the breach had not occurred.
What Factors Does the Court Look at in Determining a Remedy If a Breach of Contract Is Found?
The court looks to what the non-breaching party bargained to obtain from the contract. The proper remedy is to put that party in the position that it would have been in but for the breach. These are typically termed “compensatory damages.” Under some circumstances, a non-breaching party may be entitled to recovery “special damages,”, such as lost profits. In these cases, the court must find that the parties contemplated when they made the contract that a breach could result in special damages.
What Then Is Contract Fraud?
Contract fraud is not really a proper legal term. Fraud occurs when one party knowingly makes material misrepresentations of fact with the intent to induce the other party to act, the other party reasonably relies on those misstatements, and suffers damages because those statements were false. Often, this occurs with one party fraudulently induces another person to enter into a contract by making representations that they knew were not true. Fraud can occur when one party has made an important, or a material, misstatement and that party never intended to – or never having the ability – to perform what they said they were going to do.
For more information on Fraud and Breach of Contract Law in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 900-9575 today.