Breach of Contract in Florida
Breach of contract occurs when a party fails to perform a contractual obligation without legal excuse. In Florida, breach claims require proof of a valid contract, material breach, the plaintiff's performance, and resulting damages.
Material vs. Minor Breach
Florida distinguishes between material breaches (which go to the essence of the contract and excuse the non-breaching party from further performance) and minor breaches (which entitle the non-breaching party to damages but require continued performance). The determination depends on the severity of the breach, the likelihood of cure, and the adequacy of damages as compensation.
Remedies and Limitations
Florida remedies include compensatory damages, consequential damages, specific performance, and rescission. Written contracts have a five-year statute of limitations; oral contracts have four years. Contracts with attorney's fees clauses allow the prevailing party to recover litigation costs.
Related Terms
Barnes Walker Litigation
Barnes Walker prosecutes and defends breach of contract claims throughout Southwest Florida. Contact us for litigation guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC