Legal Question in Civil Litigation in Florida

once a contract has been breached or broken can the parties still be held to the contract?


Asked on 1/23/10, 8:28 am

4 Answers from Attorneys

Yes. Breach by one party does not excuse the other party from the contract. However, if it is reasonable to expect that the breach will continue, the non-breaching party has a duty to mitigate damages until the breach is cured or an agreement is reached.

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Answered on 1/28/10, 10:06 am
Sarah Grosse Sarah Grosse, Esquire

In addition to the previous response, it depends which provision of the contract has been breached, and some other surrounding circumstances such as manner of breach and conduct of both parties. The contract does not become "void" because it has been breached.

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Answered on 1/28/10, 10:20 am
Brent Rose The Orsini & Rose Law Firm

In addition to both previous responses, it depends. If the contract is " materially breached," then the contract is no longer valid. "Materially" means something like " breached in a really big way." The question is, "what constitutes a material breach?" Failure to pay almost always constitutes a material breach. A small thing, like handing a letter to someone instead of mailing it to someone, would probably not constitute a material breach, but it would depend on the nature of the contract. If the breach is not material, the contract can go on.

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Answered on 1/28/10, 11:57 am
Lesly Longa Longa Law P.A.

It depends on the contract and the breach. I would recommend that you get a free consultation with an attorney and provide them with a copy of your contract. Regards,

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Answered on 2/04/10, 11:17 am


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