Warren Gammill & Associates, P.L. Logo
Warren Gammill & Associates, P.L. Logo

Experienced Miami Business Trial Attorneys

  • Home
  • Firm Overview
    • Warren P. Gammill
    • Jordan M. Krassner
  • Practice Areas
    • Business Litigation
    • Usury
    • Real Estate Litigation
    • Deed And Probate Litigation
    • Appeals
    • Commercial Landlord-Tenant
    • Contract Litigation
    • Fraud
    • Legal & Professional Malpractice
  • Blog
  • Contact

Call us today:
305-579-0000

Warren Gammill & Associates, P.L. Logo
Click To Call
  • Home
  • Firm Overview
    • Warren P. Gammill
    • Jordan M. Krassner
  • Practice Areas
    • Business Litigation
    • Usury
    • Real Estate Litigation
    • Deed And Probate Litigation
    • Appeals
    • Commercial Landlord-Tenant
    • Contract Litigation
    • Fraud
    • Legal & Professional Malpractice
  • Blog
  • Contact

Understand breach of contract and your potential liabilities

On Behalf of Warren Gammill & Associates, P.L. | Oct 25, 2017 | Contract Disputes

If you fail to live up to the terms of a business contract, or “breach” it, does that relieve the other person in the contract from his or her end of the deal? The answer is more complicated than most people think.

How do you define breach of contract?

If you make a business agreement with another party, any failure to meet the terms of those agreements — no matter how small — is considered a contract breach.

There is the possibility that your failure to meet the contract’s terms, while small, could void the contract and relieve the other party from having to fulfill his or her end of the agreement. It could also open you up to a civil lawsuit for damages if the contract breach damaged the other party financially.

Do the small details really matter?

That’s a question that is better answered by an attorney on a case-by-case basis. Sometimes a seemingly small detail isn’t material to the contract. Other times, that small detail can mean a big difference to the other person or business involved.

In general, the only contract breaches that count in a courtroom are those that are deemed “material.” If the failure to meet the contract’s terms caused a domino effect that somehow damaged the other party, then that failure is material — no matter how trivial it seems on the surface.

For example, suppose that your contract specifically states that you have to deliver 1,000 widgets to your buyer before noon on a certain date, and your delivery driver is late by a couple of hours. Is that breach really material?

If your customer claims that his or her buyer for those widgets walked off when they weren’t there for pick-up at noon and then gave the company a bad online review for being unreliable — damaging both the company’s revenues and reputation — that’s a material issue.

On the other hand, if the widgets are just regularly stocked items that need to put on the shelves, you may have inconvenienced your buyer but it isn’t a material breach. Your client might grumble, but would still likely have to hold up his or her end of the agreement (paying you for the widgets).

If you’re involved in an issue involving a contract breach, protect yourself, and talk to an attorney today.

Source: FIndLaw, “Breach of Contract and Lawsuits,” accessed Oct. 25, 2017

Recent Posts

  • Finding remedies for a breach of contract dispute
  • Florida appellate courts rules on underwriting manuals
  • How to remove an executor in Florida
  • Beware of real estate scams
  • How to resolve contract disputes

Archives

Categories

  • Business Litigation
  • Business Torts
  • Commercial Real Estate
  • Construction Litigation
  • Contract Disputes
  • Firm News
  • Legal Malpractice
  • Uncategorized
  • Workers' Compensation

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network
Warren Gammill & Associates, P.L. Logo

p  | 305-579-0000

f    | 305-371-6927

Contact Us

Courthouse Plaza
28 West Flagler St Suite 400
Miami, FL 33130

Map & Directions

Social Media

  • Follow
Review Us

Schedule Your Free Initial Consultation

© 2022 Warren Gammill & Associates, P.L. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters