Florida Contract Lawyers
Contracts are legally binding documents that serve as the foundation for a business venture or relationship. These promises are enforceable, and when things go wrong, there may be grounds for a legal case. However, all contracts are not created equal and may include unique clauses or promise certain services. The differences make the contract strong, but they can also make litigation more complicated.
At Moore Rabinowitz Law, we leave no stone unturned when investigating a case. Our attorneys put our experience to work by creating a unique, custom-fit strategy to meet our clients' needs. Choose a legal team that aggressively advocates for you. Choose Moore Rabinowitz Law.
Call our Florida attorneys at (754) 253-8387.
Drafting a Contract
Contracts are legally binding, meaning any violation of the terms in the agreement could result in legal action and penalties. Drafting a contract is a meticulous process because of the considerations and requirements necessary to make a valid contract.
In general, a contract must have the following elements:
- An offer and acceptance
- A promise to perform according to the terms
- A period or event when the agreement terms must be met
- Terms and conditions
- Performance specs
Some contracts include more in-depth information in the above sections depending on the nature of the contract. For example, real estate contracts may have a long clause about inspections and financing. On the other hand, employment contracts have specific performance rules and penalties for missing those objectives.
Types of Contracts
Since most contract guidelines are basic and open to interpretation, many contracts come in different shapes and forms.
Common contracts include:
- Express Contracts: Strict terms and unambiguous guidelines
- Implied Contracts: The terms are inferred by action or circumstance that indicate mutual intent
- Unilateral Contracts: Only one party promise to provide a service or action of value to the other
- Bilateral Contracts: Both parties agree to share items and give an equal amount of time and resources
- Adhesion Contracts: One party has more power and leverage than the other and is comparable to an ultimatum
- Aleatory Contracts: The agreement does not go into effect unless another event occurs, like a market crash or another unpredictable event
- Fixed Price Contracts: Both parties agree on a fixed price for a project; sometimes called a lump sum
There is a contract for any business agreement. Each one offers unique benefits and specific outcomes to hold both parties accountable for their part. However, in some cases, one party may not uphold their end of the deal or actively violate the terms of the agreement.
Valid contracts are legally binding, meaning if one party breaks the contract, they could face legal action. In most cases, the central issue is a breach of contract. In other words, one party violated the agreement in some way. When a breach occurs, the offended party can pursue damages through legal action. Depending on the offending party's actions, the plaintiff may receive compensatory or punitive damages or cancellation and restitution.
Compensatory damages are awarded to compensate or make up for the losses from the breach of contract. On the other hand, punitive damages are used as a punishment to the offending party instead of mitigating the losses from their actions.
Cancellation and restitution may also be the result of a contract-related lawsuit. In some cases, the court may cancel the contract and restore the non-offending party to their position before the agreement.
In addition to breach of contract, the following are common defenses when enforcing a contract:
- Undue Influence, Duress, Misrepresentation: One party would not have agreed without the influence of the other. Contracts signed under duress are invalid and not legally binding, so if the court finds that misrepresentation or undue influence took place before the signing, the contract is void.
- Mistake: If the parties make a mistake when interpreting the terms and conditions
- Illegality: Any contract that includes illegal terms or requires a party to break the law is unenforceable
- Lack of Capacity: Both parties must be mentally and physically able to understand the agreement and fulfill the terms. If one party lacks the capacity to understand the contract, it is void.
Contracts are protected under the law, but if one party acts in bad faith, there is a legal process to hold them accountable.
When a partner breaks a contract, it may feel like a betrayal. Not only have they violated your trust, but they have also broken the law. Their carelessness and bad faith can disrupt your business and hinder your success.
Partnerships can breakdown for a number of reasons including:
- A partner becomes incapacitated
- The partner files for bankruptcy
- The partner participates in illegal activity
- There are too many disagreements
- Communication breakdown
Regardless of the reason why your partnership broke up, the other party cannot simply walk away. There is a legal process for dissolution that must occur before a partnership ends and the contract is voided. Never attempt to end a partnership without the help of an attorney.
Creative Strategies, Effective Solutions
Moore Rabinowitz Law has decades of experience handling complex contract disputes and litigation. Our attorneys go above and beyond to investigate your case. We put our knowledge and experience to work by creating a case strategy tailored to your specific needs and work with you to pursue the most optimal result.
When you need an aggressive defense, contact our Florida contract attorneys at Moore Rabinowitz Law.
Call 754-253-8387 to request your consultation!
EXPERIENCED ATTORNEYS AND STAFF
Our AV Rated and board-certified attorneys have more than 80 years of experience, aggressively advocating for our clients in the entire State of Florida.
Our legal team evaluates each case and devises a unique, creative, assertive case strategy that directly addresses your legal needs.
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