Legal Question in Business Law in Florida

Breach of contract damages

I am a plaintiff in breach of contract. My business was almost 2 years old when I met defendant. Contract was formed which stated that if I changed my brand of product to his and started buying from him instead of my own source in China, he would provide valuable telemarketing and other support. I purchased a large volume of product and defendant suddenly breached contract and now demanded I should pay a fee for his telemarketing services.

We have very strong expert testimony as well as my corporate history to mitigate speculation. The defendant is taking a single approach which is there are no damages. He is pointing to the fact that my 2 year old business had not reported a profit. This was a start up and my business plan indicated that the first 2 years would be a loss as I built the business and I expected to break even after 2 years and start to make a profit in year 3 having picked up thousands of customers. I was well on my way to that when I met defendant and certainly if he had executed his part of the contract I would have derived large profits very quickly.

Am I prohibited from a damage award for future lost profits just because I did not show a profit for the first 2 years of my business?


Asked on 3/09/09, 10:51 am

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Breach of contract damages

There is no "legal" answer to your question. Your answer depends on the entire fact situation of your case, which, obviously, there isn't space for you to write about here. Not knowing more, I can see both sides of the argument. You certainly need to sit down with a lawyer and explain the entire case, then get an opinion.

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Answered on 3/09/09, 11:09 am
David Slater David P. Slater, Esq.

Re: Breach of contract damages

This is a question for your lawyer.

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Answered on 3/09/09, 11:11 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Breach of contract damages

No, the lack of any profits does not permit a damage award, but it does make your case much more difficult and you will need very good testimony on the subject.

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Answered on 3/09/09, 12:11 pm


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