Civil - Breach of Contract

Necessary Elements To Prove Breach of Contract

If a contracted individual or business neglects the terms of their contract, you may be left with financial losses and other negative consequences. Bringing a breach of contract suit against the party who failed to meet the expectations of the agreement can help you regain some of your losses. Florida law requires several different elements for this type of claim.

What Is Necessary To Prove Breach of Contract?

There are three main elements necessary to prove that a breach has taken place:

1. The contract in question must be legally valid. This means that both parties had agreed on the terms and given proper consideration. The contract terms must be legal, and both parties need to have the capacity to enter the contract.
2. There must be a material breach of contract. This means that the violation had to be materially significant to the essence of the contract.
3. The breach must have caused damages.

How Will the Breach Be Remedied?

In order to remedy the breach, the plaintiff must prove the extent of the damages it caused. There are several different remedies that may be applicable:

• • General damages: A category of compensatory damages, general damages compensate the injured party for any direct losses they suffered.
• • Special damages: Also considered compensatory damages, special damages apply to losses experienced not directly, but in another way due to the breach.
• • Rescission: This essentially undoes the contract and releases both parties from completing the terms.