How To Prove A Florida Breach of Contract Defense

 

 

In Florida, a defense of Breach of Contract is defined as:

Violation of a contractual obligation by failing to perform one’s own promise, by repudiating it, or by interfering with another party’s performance.

It simply means:

When one party fails to uphold their end of a contract.

There are 2 elements of the defense:

• Element 1. There was a valid contract. A valid contract means that there was a clear agreement between two parties, with specific terms that both sides accepted, making it legally binding and enforceable in court.
  

  Facts that might support this element look like:

  * The parties involved exchanged clear offers and acceptances, demonstrating mutual agreement on the contract terms.
  * Consideration was provided by both parties, with each party receiving something of value in exchange for their obligations.
  * The contract was documented in writing and signed by both parties, indicating their intent to be legally bound.
  * The terms of the contract were specific and unambiguous, allowing for a clear understanding of each party’s responsibilities.
  * Both parties acted in accordance with the contract terms for an extended period, establishing a pattern of performance that supports the existence of a valid agreement.

• Element 2. The plaintiff made a material breach of that contract. The plaintiff failed to fulfill a significant part of the contract, which means they didn’t meet their obligations, making it difficult for them to claim that the other party breached the agreement.
  

  Facts that might support this element look like:

  * The plaintiff failed to deliver the agreed-upon goods by the specified deadline, causing significant delays in the defendant’s operations.
  * The plaintiff did not adhere to the quality standards outlined in the contract, resulting in defective products that were unusable.
  * The plaintiff unilaterally changed the terms of payment without the defendant’s consent, violating the contractual agreement.
  * The plaintiff repeatedly ignored requests for communication regarding contract performance, hindering the defendant’s ability to fulfill their obligations.
  * The plaintiff provided false information about their ability to perform under the contract, leading the defendant to rely on inaccurate representations.

^{(See Abbott Labs., Inc. v. General Elec. Capital, 765 So. 2d 737 (FL Court of Appeals 2000).)}
If you’re in court without a lawyer and plan to assert a Defense of Breach of Contract, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your FL Breach of Contract Defense

U.S. Civil Cases Only