Jacksonville Business Attorney
When a business partnership or a commercial agreement is made, the terms are almost always set forth in a legally binding contract. However, at times those business partnerships fail, and the agreement falls apart. The courts call this a breach of contract and there are procedures for dealing with the various breaches that fall under this general category.
The most common type of breach is a material breach, and this occurs when one individual is deprived of what he or she wants. When one party fails to meet the obligations set forth in the contract in this way, it’s said that the agreement is “irreparably broken” and the involved persons can go to court to have the contract dissolved. The plaintiff, or the one who did not receive the promised material, can then sue for damages caused by the contract breach.
Another type of breach is an anticipatory breach, and this involves contract disputes, when one party notifies another party that he or she won’t be able to fulfill the terms of the contract.
Although there may be extenuating circumstances preventing the individual from satisfying the terms of the contract, the courts view this as an “unconditional refusal” of the contract. Once again, the other party can sue for damages over the breach.
The primary defense to a breach of contract is an affirmative defense and it requires the individual to show why the breach occurred. In many cases, a breach of contract is instigated by external factors, unforeseen factors that affected the defendant’s ability to fulfill their obligations.
Another aspect of the affirmative defense is in how it hopes to influence the court’s decision. Essentially, the defense is acknowledging that a breach may have occurred, but is asking that the plaintiff not profit by the breach.
These are all complex issues and not adequately handled by yourself. An experienced Jacksonville business attorney knows how to negotiate contract disputes in accordance with state laws, so you can be assured of a fair outcome. The professionals at Lindell, Farson & Zebouni, P.A. know the ins and outs of corporate law and they can help you reach a satisfactory resolution, so both parties can move forward. Contact our office today for your case consultation.