Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Potential defenses to breach of contract claims

People and businesses in Florida enter into contracts every day. People enter into contracts when they agree to pay for services or goods. These are very basic contracts in which a customer is agreeing to pay the business for a good or service. However, other contracts, especially those between businesses for large amounts of money, can be very complicated and have many different requirements each party to the contract must follow.

Once companies or individuals enter into contracts, for the most part, they are legally bound to comply with the terms of the contract and perform their duties according to those terms. If a party does not do this it could result in a breach of contract claim against them. While generally the business is expected to perform their duties, there are potential defenses available to them to state why they should not be liable for the breach.

One is a mutual mistake of fact, which basically states that both parties made assumptions regarding a certain condition or fact, which they later found out was not true. This mistake must be a material part of the contract though. Also, the breaching party could claim that the other party committed fraud or misrepresentations when inducing that party to enter into the contract. Depending on the facts, they may also be able to demonstrate that the other party waived a certain right in the contract through their conduct or actions. There are also many other potential defenses depending on the circumstances.

While many contracts may in Florida may seem clear and any breaches may seem straight forward, there may be defenses available to the breaching party. These defenses depend on the facts of each particular situation. Most of these defenses depend upon the conduct of the other party. These can be complicated situations, so consulting with an experienced attorney may be useful.

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 | 2018 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