Legal Question in Business Law in Florida

Breach Of Contract

I own a concessions company that provides for Brighthouse Networks Field and Philadelphia Phillies. I do not have a ''contract'' per se. The agreement that was signed by both parties is called a ''marketing plan''. It states ''The following partnership between Phillies Florida LLC and The Shiver Corporation will begin November 1, 2003 and expire October 31, 2006. It then lists my rights as locations in the stadium, revenue sharing etc. There is no severability clause. I then received a phone call about a week ago and they said they are going to go a different direction this year. Isnt this a breach of the contract? Shouldnt I be able to sue for damages and loss of revenue. What are my options at this point. Thanks in advance


Asked on 1/10/05, 7:40 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Breach Of Contract

No matter what you called the agreement it is the intent of the parties that counts.

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Answered on 1/10/05, 10:08 pm
Moses Williams Moses E. Williams, Attorney at Law

Re: Breach Of Contract

You could sue them for breach of contract. I would need to review the contract to advise you further.

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Answered on 1/11/05, 10:12 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Breach Of Contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A contract is enforceable between two parties if it was properly executed regardless of the name of the agreement. The terms of the Contract must be clear and unambiguous. The actions of the parties since entering into the contract. This is often referred to as "partial performance". If one party breaches, the other side can usually seek damages which might include specific performance or recouping money losses or both.

Without reviewing the exact terms of your agreement, I do not feel qualified to voice an opinion on the enforceability. I strongly suggest that you consult with a local attorney to review all of your rights and responsibilites regarding your agreement.

Scott R. Jay, Esq., 305-249-8000

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Answered on 1/11/05, 11:16 am


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