When one of the parties of a contract fails to satisfy any due obligations under the agreement, the injured party may file a lawsuit. Depending on the case, the court may grant the plaintiff the right to recover damages in the process.
Read on to find out the types of damages that can be recovered for breach of contract in Florida.
What Damages Can Be Recovered for Breach of Contract in Florida? – In Detail
Also referred to as “actual damages,” compensatory damages are applied to cases as a solution to cover the plaintiff’s loss due to the breach of contract. There are two subcategories of compensatory damages – general damages and special damages.
Special damages cover financial losses associated with tangible damages, such as medical expenses, lost income, lost wages, and other similar issues. Conversely, general damages cover losses associated with non-tangible issues.
For example, it is not possible to calculate the price of someone’s experience caused by pain and suffering from an accident or loss or enjoyment of life. In such cases, the court will likely apply general damages.
Consequential damages are a subset of special damages applied to situations where one of the parties of a contract has failed to meet his or her obligations under the agreement.
In this case, the damages are not a direct result of the act, but a consequence of the contractual breach. A good example is the loss of clients or reputation as a consequence of the interruption of business operations.
The purpose of economic damages is to get the injured party where he or she was before the breach of contract occurred.
To claim this type of damages, the plaintiff must show the loss resulting from the other party’s breach of contract. It is possible to seek damages to property, mental injury, or physical injury.
Not as common as other types of damages in cases involving a breach of contract, the purpose of punitive damages is to punish the breaching party for failing to meet the terms of the agreement.
Generally, courts in Florida award punitive damages if the plaintiff’s injury was caused by fraud or other misconduct.
Anticipatory damages are usually awarded when one of the parties of a contract states that they do not intend to perform their contractual obligations – either because the party is unwilling or incapable of satisfying the duties listed in the document.
There are two subcategories of anticipatory damages – express repudiation and implied repudiation. Express repudiation happens if the defendant expressly refuses to meet the requirements established by the legal agreement.
Conversely, implied reputation happens if the defendant’s actions imply that they will not be able to satisfy the requirements of the agreement within the deadline established in the contract.
Handling a Breach of Contract in Florida – Immediately Work with an Expert Contract Attorney
It is not easy to deal with a breach of contract, especially if you do not have the required legal expertise. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find a solution for your case.