In a Florida breach of contract case, the damages that can be recovered typically include:
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Compensatory Damages: These are the most common form of damages awarded in breach of contract cases. They are intended to compensate the non-breaching party for the losses suffered due to the breach. This can include both direct damages (like the money lost due to the breach) and consequential damages (additional losses that occurred as a result of the breach).
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Liquidated Damages: If the contract contains a clause that specifies the amount of damages to be paid in the event of a breach, these are called liquidated damages. These are enforceable as long as the amount is reasonable and not a penalty.
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Nominal Damages: In cases where a breach occurred but there was no actual financial loss, nominal damages (a small amount of money) may be awarded to recognize the breach and the rights of the non-breaching party.
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Punitive Damages: These are rarely awarded in breach of contract cases in Florida. They are intended to punish the breaching party for particularly wrongful behavior and to deter others from similar conduct.
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Attorney’s Fees and Costs: The prevailing party in a contract dispute may also be able to recover attorney’s fees and court costs, but this typically depends on what the contract states or if a specific statute allows for the recovery of these fees.
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Specific Performance: In some cases, instead of monetary damages, a court may order the breaching party to perform their obligations under the contract. This remedy is more common in contracts involving unique goods or properties.
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Restitution: If one party has conferred a benefit on the other in the expectation of receiving something in return, and the contract is breached, restitution may be awarded to return the non-breaching party to the position they were in before the contract.
It's important to note that the goal of damages in contract law is to put the non-breaching party in the position they would have been in if the contract had been performed, rather than to punish the breaching party. The specific damages available can vary depending on the nature of the contract and the circumstances of the breach. Legal advice from a qualified attorney is recommended for anyone dealing with a breach of contract situation.
You can reach Business Litigation 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 Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
