At Payton & Associates, serving our clients is a top priority. We are working remotely to service our clients’ needs without interruption. We can be reached by phone, video, and email through our contact tab. Our thoughts are with everyone impacted by the COVID-19 pandemic. We hope that everyone takes precautions and stays safe and healthy.

Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

A contract dispute may be resolved in an unexpected way

Miami residents often have many misconceptions about the legal system. This is understandable, given that individuals may not encounter the legal system until they become involved in a lawsuit.

In the business world, these misconceptions can prove to have real consequences if Miami businesses have a certain understanding of the law that proves to be incorrect. For instance, in a contract dispute, the law is not always what individuals may assume. Most people would likely believe that there is no valid contract between parties unless it there is a written document signed by both sides. While this is frequently the manner of offer and acceptance that forms a contract, it is very often unnecessary to have a written contract in place in order for contractual obligations to be enforced.

Under Florida law, many oral contracts carry the same validity as written contracts. So long as the oral agreement satisfies the basic elements of a contract, such as offer, acceptance, consideration and specification of the essential terms of the deal, it may be enforceable.

Moreover, even without written or spoken words, a contract can still be created by the conduct of the parties. These types of contracts are implied by the parties' conduct, as the conduct shows the parties intended to create a contract through their dealings.

As with other issues, there may be exceptions to both oral and implied contracts, such as with certain issues like real property transactions that typically must be in writing. However, the bottom line is that businesses should understand that a breach of contract claim does not necessarily require a written contract to be asserted. At the same time, the party asserting an oral or implied contract typically bears the burden of proving the existence of the contract, and the other side still has defenses available to avoid liability on the alleged breach of contract.

Source: Florida Supreme Court, "Florida Standard Jury Instructions -- Contract and Business Cases," accessed on Nov. 21, 2015

No Comments

Leave a comment
Comment Information
Super lawyers | Harry A. Payton The Florida Board Certified | Business Litigation The Florida Board Certified | Civil Trail AV | Preeminent | Peer  Rated for Highest Level of Professional Excellence | 2020 Best Lawyers | 2018 Global Member Firm INBLF
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

2 S. Biscayne Blvd., Suite 2300
Miami, FL 33131

Phone: 786-574-4943
Map & Directions