Have you entered into an agreement with another party only for it to be violated because they did not want to uphold their end of the bargain? When a party breaches a contract, you can claim different types of breach of contract damages due to their negligence.
What are these damages, and how can you tell which damages to claim for your case? Continue reading below to learn more about what you may be awarded and who you can contact to help figure out the next best steps for your case.
What Is a Breach of Contract?
A breach of contract is when someone violates any of the agreed-upon terms and conditions set out in a contractual agreement. For example, if someone promises to deliver a product to you but fails to do so, they violate their contract. It is important to note that contracts are binding, so if you or the other party violates the agreement, it can be upheld in court.
Damages for Breach of Contract
When suing the other party for a breach of contract, there are some damages you could expect to receive. Of course, the breach of contract damages vary, and no two cases are the same.
Consequential Damages
Consequential damages are damages where there is clear evidence that the other party failed to meet their contractual obligations. These types of damages are also known as special damages.
Damages that arise out of this type of situation aren’t directly a result of the act, but they are the consequences that come from it. For example, profit-loss is a consequence that comes from an interruption of business practices. If the other party caused an interruption, which resulted in the business halting or losing clients, you could claim consequential damages.
Economic Damages
Economic damages are rewarded due to the loss or the injury caused by the other party’s negligence. In order to receive this reward, you must prove that the other person’s breach of duty resulted in the loss.
You can seek damages to property, mental injury, or physical injury. The point of these damages is to get you back to where you were before the incident happened.
Actual Damages
Actual damages cover the loss you experienced due to the breached contract. These are also known as compensatory damages.
Two categories of actual damages:
- General damages
- Special damages
As mentioned earlier, special damages are damages you can account for, and they cover financial losses. This means they can cover medical expenses, lost wages, lost income, and more.
General damages are non-tangible, which means they are a bit harder to calculate. For example, pain and suffering is a general damage you can’t put a price on as everyone’s experience is different.
You also can’t put a set price amount for someone’s loss of enjoyment of life. When you work with a reputable business attorney, they will help you differentiate between the two damages and apply them to your case.
Punitive Damages
Although these types of damages are rare in breach of contract cases, they are still possible. Punitive damages typically punish the breaching party for their misconduct in the situation. These types of damages are typically awarded if the other party (breaching party) committed some type of fraud or other types of misconduct.
Anticipatory Damages
These damages are claimed with one party proclaiming that they don’t intend to perform their obligations or duties as listed in the contract. In other words, the other states that they aren’t willing to or they are incapable of doing what they agreed to do.
There are two types of anticipatory damages:
- Express repudiation
- Implied repudiation
Express repudiation happens when the other party clearly proclaims they’re breaching the contract. This means they refuse to meet the requirements of what was agreed upon before the deadline.
Implied repudiation is the opposite of express repudiation. In this case, the other party does not refuse to perform the duties involved; instead, their actions imply that they won’t be able to meet their end of the agreement by the time required.
How To Prove Breach of Contract
To prove that there was a breach of contract, there are three elements that must be present.
Three elements of a breach:
- There is an existing contract
- The contract in place is valid and enforceable
- One party did not uphold its end, resulting in damages to the other party
In order for you to have a valid breach of contract claim, all three of these elements must be true. To defend against a breach of contract case, you only need to invalidate one of the three elements.
Defenses for Breach of Contract
In the event that someone is trying to sue for you breach of contract, there are a few defenses you can use. For example, you can raise a statute of limitation defense if the other party tries to claim you breached the contract, but the contract is no longer valid.
Another breach of contract defense is duress. This happens when you someone forces into an agreement against your will. For example, if someone threatens to blackmail you to threatens you with violence to coerce you into signing a contract, you and your attorney can argue duress.
Florida Breach of Contract Attorney
As you now know, there are several different breach of contract damages you could receive based on your situation. In the event that someone breaches your contract, you may want to reach out to a reputable attorney to help you sort through the case.
They have extensive knowledge of breach of contract business laws and what defense will work best in your case. If you need help with your case and want an opinion from a reputable attorney, contact us for a free no-obligation case evaluation. Our team is here to answer any questions or concerns you may have.
