How To Prove A Florida Breach of Implied Covenant of Good Faith and Fair Dealing Claim
In Florida, a claim of Breach of Implied Covenant of Good Faith and Fair Dealing is defined as:
A party to a contract breaches the implied covenant of good faith and fair dealing by interfering with or failing to cooperate with the plaintiff in the performance of a contract.
It simply means:
When a party to a contract does not deal fairly with the other parties to the contract.
There are 6 elements of the claim:
- Element 1. The claimant and the defendant entered into a contract. The claimant and the defendant made a mutual agreement, outlining their responsibilities and expectations, which is essential for proving that one party may have acted unfairly or dishonestly in fulfilling their part of the deal.
Facts that might support this element look like:
* The claimant and the defendant exchanged signed documents outlining the terms of their agreement, establishing a contractual relationship.
* The parties engaged in negotiations and reached a mutual understanding regarding the obligations and expectations of each party.
* The claimant provided consideration in the form of payment, which the defendant accepted, thereby solidifying the contract.
* Both parties performed their respective duties under the agreement, demonstrating their intent to be bound by the contract.
* The defendant acknowledged the existence of the contract in written communications with the claimant, confirming their mutual obligations. - Element 2. The claimant and the defendant did all, or substantially all, of the significant things that the contract required of them to do or that they were excused from having to do those things. In a claim about breaking the promise to act fairly in a contract, it means that both parties mostly did what they were supposed to do or were allowed to skip certain tasks, showing they were trying to uphold their agreement.
Facts that might support this element look like:
* The claimant delivered all required goods to the defendant on time and in accordance with the specifications outlined in the contract.
* The defendant made all necessary payments to the claimant as stipulated in the agreement, demonstrating compliance with their contractual obligations.
* Both parties engaged in regular communication to address any issues, showing a mutual commitment to fulfilling the contract’s terms.
* The claimant provided additional services beyond the contract requirements, indicating a good faith effort to support the defendant’s needs.
* The defendant was unable to fulfill certain obligations due to unforeseen circumstances, which were communicated to the claimant in a timely manner. - Element 3. All conditions required for the defendant’s performance had occurred. In a claim for Breach of Implied Covenant of Good Faith and Fair Dealing, this element means that all the necessary conditions for the defendant to fulfill their obligations were met, allowing them to perform as expected under the agreement.
Facts that might support this element look like:
* The defendant received all necessary documentation and approvals from the plaintiff prior to the performance deadline.
* The defendant fulfilled all contractual obligations outlined in the agreement before the plaintiff’s alleged breach.
* The plaintiff provided timely notice of any issues, allowing the defendant to address concerns as required by the contract.
* The defendant made all reasonable efforts to meet the performance standards set forth in the agreement.
* The plaintiff did not raise any objections or concerns regarding the defendant’s performance until after the deadline had passed. - Element 4. The defendant’s actions or omissions unfairly interfered with the claimant’s receipt of the contract’s benefits. The defendant’s behavior or failure to act harmed the claimant’s ability to enjoy the benefits of their contract, meaning the defendant did not uphold their duty to deal fairly and honestly in the agreement.
Facts that might support this element look like:
* The defendant failed to provide necessary resources outlined in the contract, directly hindering the claimant’s ability to fulfill their obligations.
* The defendant unreasonably delayed approvals required for the claimant to proceed with the project, causing significant financial losses.
* The defendant engaged in conduct that undermined the claimant’s reputation, making it difficult for them to secure necessary partnerships.
* The defendant withheld critical information that was essential for the claimant to effectively execute the terms of the contract.
* The defendant imposed arbitrary restrictions that were not part of the original agreement, limiting the claimant’s ability to benefit from the contract. - Element 5. The defendant’s conduct did not comport or was not consistent with claimant’s parties’ reasonable contractual expectations under an identified specific part/provision(s) of the contract. The defendant acted in a way that went against what both parties reasonably expected from the contract, specifically regarding certain terms, which shows a lack of good faith and fairness in their dealings.
Facts that might support this element look like:
* The defendant failed to provide timely notice of delays, which was explicitly required under Section 4.2 of the contract, undermining the claimant’s ability to adjust project timelines.
* The defendant unilaterally changed the payment schedule without prior consultation, violating the mutual understanding outlined in Section 3.1 of the contract.
* The defendant neglected to fulfill maintenance obligations as specified in Section 5.4, leading to significant operational disruptions for the claimant.
* The defendant’s refusal to engage in good faith negotiations regarding contract amendments directly contravened the collaborative spirit intended in Section 2.3 of the agreement.
* The defendant’s actions resulted in a substantial loss of revenue for the claimant, contrary to the profit-sharing expectations established in Section 6.1 of the contract. - Element 6. The claimant was damaged by the defendant’s conduct. The claimant suffered harm or loss because of the defendant’s actions, which violated the expectation that both parties would act fairly and honestly in their agreement.
Facts that might support this element look like:
* The claimant incurred significant financial losses due to the defendant’s refusal to honor the terms of the contract.
* The claimant experienced emotional distress as a direct result of the defendant’s deceptive practices.
* The claimant was forced to seek alternative solutions at a higher cost due to the defendant’s failure to act in good faith.
* The claimant lost a valuable business opportunity because the defendant failed to fulfill their contractual obligations.
* The claimant’s reputation suffered as a result of the defendant’s actions, leading to further economic harm.
(See In Re: Standard Jury Instuctions in Contract and Business Cases —2018 Report. No. SC18-867. Fla. Stat. 671.203.)
If you’re in court without a lawyer and plan to assert a Claim of Breach of Implied Covenant of Good Faith and Fair Dealing, 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 necessary to effectively navigate your legal journey.
Prove Your FL Breach of Implied Covenant of Good Faith and Fair Dealing Claim
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