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Breach of Contract Claims: Equitable Relief

West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

When a contract is violated, the non-breaching party may have a legal claim. In Florida, the primary remedy in a breach of contract case is financial compensation. However, in some cases, an equitable remedy may also be available. The Legal Information Institute explains that equitable relief in a breach of contract claim refers to a court-ordered action that requires a party to perform (or refrain from) a specific act. Here, our Miami business litigation attorneys provide a comprehensive overview of the key things to know about equitable relief as a remedy in a contract dispute.

Equitable Relief: Know the Basics 

Broadly speaking, the term “equitable relief” can be best understood as a category of remedies. In the context of a breach of contract claim in Florida, equitable remedies are the remedies that aim to offer a fair resolution to a breach of contract beyond the mere payment of money. Unlike monetary damages, equitable relief is not quantified in financial terms. Instead, it is a non-monetary form of relief that is designed to prevent or correct a wrong. Equitable relief could be a court order that compels the breach party to take a specific action or that compels the breaching party to avoid a specific violation. Some examples of equitable remedies include contract breach cases include:

  • The right to contract rescission (cancellation of an agreement);
  • An injunction that would prevent an action that would cause further harm; and
  • Specific performance that compels the breaching party to fulfill certain obligations.

 Monetary Damages are the Primary Remedy in Breach of Contract Claims in Florida 

As a contract remedy in Florida, equitable relief is somewhat disfavored. In other words, the default remedy in a breach of contract case is always monetary compensation. The approach is designed to place the injured party in the position they would have been in had the contract been performed as agreed. The rationale behind this preference is that calculating and awarding monetary damages is a more straightforward form of dispute resolution.

Equitable Relief Can Be Granted When Warranted 

Although equitable relief is less likely to be awarded than traditional monetary relief, it can be ordered by a Florida court when deemed appropriate. As a general matter, equitable remedies will typically be granted only when monetary damages fall short in adequately addressing the harm or loss incurred. For instance, in real estate transactions or contracts involving unique goods or services, the non-breaching party may seek specific performance to compel the completion of the sale or delivery of the service or goods as originally contracted.

 Contact Our Miami Breach of Contract Lawyer Today

At Pike & Lustig, LLP, our Miami breach of contract attorneys are standing by, ready to protect the rights and interests of clients. If you have any questions about equitable relief in a breach of contract case, we are here to help. Contact us today to set up your confidential initial appointment. From our Miami office, we handle breach of contract cases throughout Southeast Florida.

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