1. Establish the Three Core Elements 🔑
To succeed in a breach of contract case in Florida, the plaintiff must prove all three components:
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Existence of a valid contract – a binding agreement with offer, acceptance, consideration, capacity, certainty, legality, and, if applicable, writing under the Statute of Frauds
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Material breach – the failure must be substantial, not trivial
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Damages – the breach must have caused harm (direct, consequential, expectation, incidental, or liquidated)
“The simplest way: valid contract + material breach + damages = case”
2. Prove Your Own Performance or Excuse
Before focusing on the opponent’s breach, ensure you fulfilled—or were excused from—your obligations. Florida courts expect plaintiffs to show they performed substantially or faced an excusable excuse (e.g., force majeure) .
3. Quantify and Maximize Damages
Florida recognizes several damage types:
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Compensatory: Out-of-pocket and lost profits.
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Consequential: Losses foreseeable at contract formation.
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Liquidated: Predetermined sums in a contract.
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Punitive: Rare; require willful, malicious, or fraudulent actions.
TIP: Always document expenses, lost profits, and foreseeability at the time of contract formation.
4. Neutralize Common Defendant Defenses
Defendants must raise at least one of these affirmative defenses—and there’s only one they need—to avoid liability :
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Statute of Limitations: Florida gives a 5‑year window from breach date.
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No valid contract: Attack offer, acceptance, consideration, capacity, certainty, legality, or Statute of Frauds applicability.
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Excused performance: Impossibility, mistake, duress, fraud in the inducement.
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Other equitable defenses: “Unclean hands,” release, waiver.
5. Build a Compelling Case Strategy
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Early investigation & documentation – collect emails, KPIs, invoices immediately; consider a “litigation hold” on records.
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Demand & notice letters – reference material terms, quantify damages, issue contract default notices.
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ADR or lawsuit – check if the contract mandates arbitration or mediation.
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Detailed pleadings – clearly allege contract, breach, damages, and rebut anticipated defenses.
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Discovery with purpose – focus on performance records, communications, and reliance evidence to prove foreseeability .
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Motion practice – consider summary judgment if proof is strong or opponent’s defense weak.
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Trial posture – plan for witnesses, demonstratives, and expert testimony on damages and contract interpretation.
6. Consider Equitable Remedies
In certain cases, money isn’t enough:
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Specific performance: Court orders fulfillment when damages are inadequate.
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Injunction or rescission: Appropriate when future breaches or unjust enrichment are at issue.
Final Takeaways
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Prove valid contract, material breach, and damages.
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Anticipate and dismantle defense arguments—defendants only need to win on one.
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Prepare meticulously: document early, draft airtight pleadings, nail discovery.
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Use both legal (damages) and equitable (performance, injunctions) remedies as needed.
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Consult a skilled Florida contract litigator to navigate nuances and deadlines.
By focusing on these core strategies—proof, documentation, deadlines, and defenses—you’ll be well-positioned to win breach of contract cases in Florida.
Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
