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Know the Basics: The Four Key Elements of a Breach of Contract Claim in Florida


The breach of a contract can cause serious financial distress to the non-breaching party. You have the right to take legal action to seek a remedy—usually financial compensation—to account for a contract breach in Florida. When you bring a civil legal claim, you have the obligation of proving every required element. At Pike & Lustig, LLP, we want to make sure you know the contract law basis. Here, our Palm Beach County commercial litigation attorney highlights the four key elements of a breach of contract lawsuit in Florida.

  1. A Valid Contract Was Formed

 Florida courts do not enforce “mere promises.” To bring a successful breach of contract claim, you must prove that a valid—and legally enforceable—contract was actually formed. As a general matter, proving a contract requires demonstrating three essential components:

  • An offer;
  • An acceptance; and
  • Considertion.

An offer is a clear proposal made by one party to another, while acceptance indicates the other party’s agreement to the offeror’s terms. Consideration refers to something of value exchanged between the parties, which can be money, services, or goods. Without these elements, a contract is not legally enforceable in Florida. 

  1. Performance of Obligations 

Once a valid contract is established, the next element is the performance of obligations. This means that each party must fulfill their contractual duties as specified in the agreement. Performance can be complete or substantial, depending on the contract’s terms. In Florida, courts assess whether the performing party has met the contract’s conditions. If not, you may not have a viable claim. 

  1. Failure to Perform (By Other Party) 

A breach occurs when one party fails to perform their contractual obligations without a legitimate legal excuse. In Florida, the non-breaching party must provide evidence of this failure to perform. Some of the most common examples of contract breaches include:

  • Missing deadlines;
  • Delivering subpar goods or services; or
  • Not delivering goods or performing services at all.

The breach must be material—meaning it must significantly undermine the actual central purpose of the contract. A minor deviation from the agreement may not actually qualify as a breach. 

  1. Actual Damages from Breach 

The final element in a breach of contract claim is proving that the breach caused actual damages. In Florida, the non-breaching party must demonstrate that they suffered a quantifiable loss directly resulting from the other party’s failure to perform. Without actual damages, there is no valid breach of contract claim in Florida. Breach of contract damages can include:

  • Liquidated damages;
  • Direct financial losses;
  • Additional expenses incurred; and
  • Other damages, such as lost profits.

Contact Our Florida Breach of Contract Attorney Today

At Pike & Lustig, LLP, our Florida business law attorneys have the experience needed to handle all types of breach of contract claims. If you have specific questions or concerns about your rights or your options, it is time to call a lawyer. Initial appointments are strictly confidential. We provide commercial law representation to businesses and entrepreneurs throughout South Florida.

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