BREACH OF CONTRACT

Everything you do to run your business is based on some type of contract with another party. Dealing with a potential breach of contract issue can be a big headache for your business. If you are dealing with another party that is not holding up their end of the bargain, working with an experienced attorney in contract law can help ensure that you get the results you need. Let’s take a look at some of the fundamental concepts of this ever-important legal document.

WHAT CONSTITUTES A BREACH OF CONTRACT?

A contract is an enforceable agreement between parties to do something. When one party breaches a contract it essentially means that they did not do what they were legally obligated to do. In many situations, both parties accuse each other of breaching the contract and that is often when things can get very messy.

TYPES OF BREACH OF CONTRACT

A breach of contract is really unique to the nature of the contract itself. Some common types of breach of contract include:

  • Non-payment

  • Non-performance

  • Confidentiality issues

  • Non-compete issues

RECOVERY FROM BREACH OF CONTRACT

Contracts are legally enforceable agreements. What this means for you is that when someone breaks their part of the agreement, you have a variety of legal remedies available to you. 

 

The two most common types of remedies are:

  • Damages: Both the direct and indirect losses incurred as the result of the breach 

  • Performance: In some cases, you can compel the other party to do what they were supposed to do in the contract

HOW AN ATTORNEY CAN HELP WITH A BREACH OF CONTRACT

Breach of contract cases are often filled with emotional finger-pointing describing at least a couple versions of what happened leading up to the breach. For those reasons, working with an experienced attorney is always the best way to handle things. A lawyer who is highly qualified in contract disputes can also help you map out the best arguments against any counter-claims and come up with various avenues of recovery based on the unique nature of your contract.  

 

If you find yourself in the midst of an anticipatory or actual breach of contract issue, do not hesitate to contact us today. 

FRAUD & NEGLIGENT MISREPRESENTATION

When business deals go sour, parties may seek more severe sanctions than merely claiming breach of contract. If one party truly believes that the other party provided false information in order to either induce them to sign a contract or to generally harm their business, they may allege that fraud has occurred. A seasoned lawyer can help your company either defend against allegations of fraud or misrepresentation or bring appropriate fraud claims against a business that harmed you.

 

Fraud generally requires the following elements:

 

  • A misrepresentation;

  • Knowledge of the falsity;

  • An intent to defraud;

  • Justifiable reliance by the victim; and

  • Resulting damage.

 

In order to prove a claim of fraud or misrepresentation, you must have a solid case that the other party not only deceived you but did so knowingly and harmed you in so doing. A savvy and dedicated business litigation attorney can help you comb through the documents to show not only that the other party wronged you, but that they did so intentionally and that your business suffered as a result. If they made representations with no basis in fact to support those representations, then they should be held liable for the damage they have caused your business.

 

On the other hand, defending against a claim of fraud typically involves poking holes in one of the required elements. Even if your company did provide false information to the other party, a seasoned business litigation attorney can help you demonstrate that you did so unwittingly and without the intent to defraud or harm the other party. Not every mistake is fraud. Additionally, a mere opinion or “sales talk” does not constitute an actual misrepresentation.

NEGLIGENT MISREPRESENTATION

Negligent misrepresentation, on the other hand, is a more mild form of the same type of claim. Negligent misrepresentation is appropriate when a party did indeed provide false information to a counterparty but did so with a sincere, although unreasonable, belief that the information was true. Often negligent misrepresentation will arise when a business claims to possess certain skills or capacity but is unable to follow through on its end of the bargain. Rather than being intentionally misleading, a company guilty of negligent misrepresentation is more often careless about how it represents the business and its capacity.

 

At Minot Law, we have the years of business litigation experience you want on your side when it comes to making sure that fraud or negligent misrepresentation issue does not impact your daily or long-term business goals and needs. If you are dealing with an anticipatory or actual fraud or negligent misrepresentation issue, do not hesitate to contact us today.

BREACH OF FIDUCIARY DUTY

Hiring a professional or entering into a business partnership requires a great deal of trust. We expect that our hired professionals or partners will act in a way that furthers the best interests of our business. A betrayal of these interests could lead to permanent harm to your business. This is the essence of the fiduciary duty.

 

When a business relationship is formed, legal duties come with them. When those duties are breached, it isn’t merely a moral lapse—these breaches come with potential legal consequences. Minot Law can help you determine whether litigation is the right solution after a business relationship has soured or caused you to suffer a loss.

WHAT IS A FIDUCIARY DUTY?

Negligent misrepresentation, on the other hand, is a more mild form of the same type of claim. Negligent misrepresentation is appropriate when a party did indeed provide false information to a counterparty but did so with a sincere, although unreasonable, belief that the information was true. Often negligent misrepresentation will arise when a business claims to possess certain skills or capacity but is unable to follow through on its end of the bargain. Rather than being intentionally misleading, a company guilty of negligent misrepresentation is more often careless about how it represents the business and its capacity.

 

At Minot Law, we have the years of business litigation experience you want on your side when it comes to making sure that fraud or negligent misrepresentation issue does not impact your daily or long-term business goals and needs. If you are dealing with an anticipatory or actual fraud or negligent misrepresentation issue, do not hesitate to contact us today.

BUSINESS LITIGATION

CASES WE HANDLE

FLORIDA BUSINESS LITIGATION

Disputes are common in the business world. Sometimes people fail to live up to their end of the bargain. Other times conflicts occur as a result of differences of understanding. No matter how they arise each controversy can evolve into a difficult, time-consuming, and costly situation. 

 

Whether it’s a problem at a construction site or the breach of a lease, Minot Law has significant experience representing a variety of businesses involving claims such as breach of contract, misrepresentation, non-compete agreements, and improper interference with the contracts of others. Because every dispute is unique we customize our strategies to help bring about the best possible outcome in every situation. 

 

Minot Law assists and supports the needs of businesses of every size. From small, closely-held businesses, to partnering with in-house counsel from Fortune 1000 companies, we provide the best possible service in a cost-effective way. With more than 30 years of experience, we know the many legal challenges businesses face and how to resolve them. Entrust us to provide the dependable legal representation and guidance you need.

BUSINESS

YOU DESERVE A FAIR TRIAL

WHY CHOOSE MINOT LAW

As a skilled civil litigation lawyer, Mike Minot represents clients in a wide range of practice areas. This includes all issues that may arise in real estate, construction, contracts, business activities, subdivisions and condominiums, zoning, environmental, and foreclosures. We also assist those needing help in family law matters. Whatever your need, Mike Minot is the civil litigator you want on your side to first provide an accurate assessment of your case and then battle for the outcome you deserve. With more than three decades of valuable experience, Michael is prepared for any scenario. You will recognize his devotion and ability from your first meeting.