Fulfilling the terms and provisions of the contract is the essence of contractual relationships. Contracts are binding agreements between two parties obliging themselves to perform a specific action or avoid doing something. Upholding contractual terms makes the contracts so effective in regulating everyday business activities. Contracts promote the principles of good faith and trust between the participants of various transactions and provide legal means for enforcing the agreement in case of violating those principles.
Depending on the gravity of contract term violations, breaches can be material or non-material. Immaterial breaches do not affect the essence of the contract. Minor violations do not cause rescission because the agreement is enforceable despite non-compliance. Unlike material breaches, the non-breaching party can seek subsequent performance and damages.
The courts in Florida consider all factual circumstances of the case before deciding the degree of violation. The most common factors they take into account are the conduct of the parties, intent, and the gravity of the injury.
The most typical examples of immaterial breach include:
Under Florida law, the complying party has two legal remedies available in case of an immaterial breach: damages and specific performance.
Resolving breach of contract disputes in mediation offers many advantages litigation lacks. As an out-of-court method, mediation offers confidentiality, neutrality, and the possibility of reconciliation.
David L. John is a top-notch Florida mediator with decades of experience mediating contract disputes. Knowing the nuances of contract relationships, Mr. John will facilitate negotiations between you and your contract partner, bringing you reconciliation and the continuance of successful cooperation.
Do not hesitate to reach out today to schedule your consultation.
