Florida Breach Of Contract Legal Questions

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496 legal questions have been posted about breach of contract by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include contracts. All topics and other states can be accessed in the dropdowns below.
Florida Breach Of Contract Questions & Legal Answers - Page 4
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Recent Legal Answers

These facts say you may be misclassified as and independent contractor.  However, then you are an employee and likely an employee at will.  If you have a contract, then seek legal advice and review of your contract.  If you were misclassified, you may be owed compensation because of the misclassification, and, you may be able to file for reclassification with the IRS with an SS-8 form.  As to wrongful termination, we need more facts.  If you are an employee at will, you can be fired at any time or for any reasons.  If you are a contractor with a written contract, you may have contract rights to enforce.  ... Read More
These facts say you may be misclassified as and independent contractor.  However, then you are an employee and likely an employee at will. ... Read More
Yes. Thats the peril of being in cournt and not knowing what you are doing. Fla. Stat. 83.60 addresses this directly and is a basiss for default. 
Yes. Thats the peril of being in cournt and not knowing what you are doing. Fla. Stat. 83.60 addresses this directly and is a basiss for... Read More

How to retrieve money paid to chiropractor.

Answered 7 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless it was oodles of money, if you cant find them and obtain a refund, you can try a complant the the Chiropractor Board. If they are out of business you may be SOL. 
Unless it was oodles of money, if you cant find them and obtain a refund, you can try a complant the the Chiropractor Board. If they are out of... Read More

Can I sue a contractor that did not honor what he signed to do

Answered 7 years and 5 months ago by attorney Bruce Robins   |   1 Answer
The answer to "can I sue" is always yes, but the question is whether you can win.  Here, from what you've written it depends on what was agreed when the worker took over - was the original contract modified at that time to not require the contractor to supply paint and other materials?  Assuming that there is no written document embodying the new deal, a judge or jury deciding this question may  have to decide who to believe, you or the contractor, although your case would be helped if the original written contract provided, as many do, that it could not be modified orally (such clauses are not absolute, but would give you a leg up).... Read More
The answer to "can I sue" is always yes, but the question is whether you can win.  Here, from what you've written it depends on what was agreed... Read More

Can I sue my EX wife for Breach of Contract

Answered 7 years and 5 months ago by attorney Bruce Robins   |   1 Answer
There are a number of questions here.  First, most jurisdictions require more formality in these types of agreements (post-nuptial) than in arms' length agreements.  For example, some states require that they be witnessed and/or acknowledged, like a deed.  I don't know what Florida's requirements are, but the agreement you're relying on may not comply.  Second, lealving aside the formalities, an agreement creating a monetary obligation depending on marital fault would probably violate public policy in some states.  Again, I don't know what Florida law provides.  Finally, and most problematic, you should have sought this money in your divorce action, when the Court was adjudicating the financial issues between you.  Having failed to do so and the divorce action having concluded, you may be precluded from raising the issue now.  None of this is to say that you can't possibly overcome thise hurdles, but I don't think it will be easy.... Read More
There are a number of questions here.  First, most jurisdictions require more formality in these types of agreements (post-nuptial) than in... Read More

I need help in keeping my home

Answered 7 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry doesnt work that way. There are no do overs or take backs. There is likely a provision in the listing agreement to address this where you will owe the real estate agent money. If this was an actual sales agreement with an offer from a buyer, its a more difficult issue and may be even more expensive to try to avoid as you may have the buyer claiming damages. You will need to hire a real estate transactional lawyer ASAP to address this. ... Read More
Sorry doesnt work that way. There are no do overs or take backs. There is likely a provision in the listing agreement to address this where you will... Read More

breach of contact

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire alawyer, at some expense, to see if your emails and txt messages arise to the level of an enforceable contract.  In the future, this is why written contracts exist. 
You will need to hire alawyer, at some expense, to see if your emails and txt messages arise to the level of an enforceable contract.  In the... Read More
UNless they were licensed stock brokers the transaction you describe is illegal to start. Unfortunately or a$400.00 dispute you wont likely be getting loads of law enforcment/SEC attention but you can try. 
UNless they were licensed stock brokers the transaction you describe is illegal to start. Unfortunately or a$400.00 dispute you wont likely be... Read More
Hate totell you - but you won't find many lawyers willing to take such cases on contingent fees for a variety of reasons. You will likely need to invest in legal fees for such a lawsuit andrely upon your contract terms to recvoer legal fees.
Hate totell you - but you won't find many lawyers willing to take such cases on contingent fees for a variety of reasons. You will likely need to... Read More
If you have a 300k loan issue you need to simply spend the money to HIRE a lawyer to intervene. There is no free internet response to resolve this. 
If you have a 300k loan issue you need to simply spend the money to HIRE a lawyer to intervene. There is no free internet response to resolve... Read More
Then posting this question is academic cheating. Do your own homework and hope your teachers dont see such a post. 
Then posting this question is academic cheating. Do your own homework and hope your teachers dont see such a post. 
There is no legal obligation for the parents of the son in law to repay you for a wedding unde the facts presented. The divorce issue is as much your daughters responibility and in part yours, in that you somehow were unaware of such issues in thier relationship,  that this might occur.She should have said something and you should havebeen more attentive before agreeing to such an expense.  While this is a traditional issue, as is dowery in many cultures, it is not a legal obligation and is essentially a "gift" absent an enforceable agreement in advance to the contrary. ... Read More
There is no legal obligation for the parents of the son in law to repay you for a wedding unde the facts presented. The divorce issue is as much your... Read More
You probably need to pay some money to hire a lawyer to review your contract and address this with the pool builder. You will need a lawyer toi intevene to avoid all the posturing that takes palce about who is entitled to what. 
You probably need to pay some money to hire a lawyer to review your contract and address this with the pool builder. You will need a lawyer toi... Read More

What can be done with a verbal contract for 6 years in duration?

Answered 7 years and 8 months ago by attorney Bruce Robins   |   1 Answer
Your son can sue the dentist for breach of contract.  In doing so, he should be aware of some pitfalls.  First an agreement which can't fully be performed for more than one year normally must be written.  The contract you describe, however, doesn't seem to be of this type, as it was an oral agreement which could be terminated at any time.  Don't describe it as a verbal agreement of six years' duration.  Also, it is likely that the dentist has formed an entity, either an llc or a corporation, through which to conduct his/her business.  Is your son's contract with the dentist, or with the entity?  On whose account were his checks drawn?  I'm not sure how much is at stake, but if it is a large amount, it may be a good idea to consult a Florida attorney.... Read More
Your son can sue the dentist for breach of contract.  In doing so, he should be aware of some pitfalls.  First an agreement which can't... Read More
Assuming no contrary provisionin the note (for example, a clause requiring that any dispute be arbitrated), you could sue the debtor for breach of contract.  If this is a standard promissory note it will have an acceleration clause providing for the entire debt to become due upon default.  If there is no acceleration clause, your claim is only for the installment which is late, and you would have to wait until September 6 to have a claim for the full amount.... Read More
Assuming no contrary provisionin the note (for example, a clause requiring that any dispute be arbitrated), you could sue the debtor for breach of... Read More

Wedding photographer

Answered 7 years and 9 months ago by attorney Bruce Robins   |   1 Answer
It is possible that this would be considered a material breach entitling you to rescind the contract, but if you rescind the contract you will also have to return the  benefits you received, i.e. all the photos and videos.  If you keep the materials you will have to  pay for them, if not the contracted for price than their fair market value.  Alternatively, you can sue for breach to be compensated for the value you were entitled to and did not receive, i.e. the difference in value between having 2 photographers and one videographer and having 1 photographer and 1 videographer.... Read More
It is possible that this would be considered a material breach entitling you to rescind the contract, but if you rescind the contract you will also... Read More
You will have to have a lawyer, at some expense, review your agreement and determine what the $1422 claimed is for and why you didnt pay it or resolve the issue short of a repo. 
You will have to have a lawyer, at some expense, review your agreement and determine what the $1422 claimed is for and why you didnt pay it or... Read More
You will need to retain a lawyer to figure out what happened to the money. Investing in a business does not mean you get your money back if the business doesnt open as there could be expesnes and the like. For the amount you described you will likely need to file suit to gets some answers. ... Read More
You will need to retain a lawyer to figure out what happened to the money. Investing in a business does not mean you get your money back if the... Read More
If your being sued you need to hire a lawyer to defend the lawsuit and raise any such issues. 
If your being sued you need to hire a lawyer to defend the lawsuit and raise any such issues. 
Youneed a consumer lawyer familiar with Fla. Stat. 559 called the Florida Motor Vehicle Repair Act. Not sue why you waited 14 months to address this but you will need to hire a lawyer ASAP to address this. Be prepared to pay up front for a lawyer as this is not likely a contingent fee case , though you may be able to get your legal fees reimbursed. ... Read More
Youneed a consumer lawyer familiar with Fla. Stat. 559 called the Florida Motor Vehicle Repair Act. Not sue why you waited 14 months to address this... Read More

someone sue but I was never serve

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to go to court and try and get the judgement set aside. 
You will need to hire a lawyer to go to court and try and get the judgement set aside. 
Other than useless corporate speak  - not sure what you mean by creating a dialog. You can do that any time you like by calling customer service and complaining. It is not clear WHO compromised your security though it sounds like it was breached. What if anything needs to be done is dependant on that determination. ... Read More
Other than useless corporate speak  - not sure what you mean by creating a dialog. You can do that any time you like by calling customer service... Read More
possibly though you may have a claim against the warranty company.
possibly though you may have a claim against the warranty company.

I asked a question and I got no help .

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a consumer lawyer. This is likely an out of pocket/retainer type case based on breach of contract or some form of deceptive trade practice. Bear in mind that such cases often have two way legal fees if you lose. 
You will need to hire a consumer lawyer. This is likely an out of pocket/retainer type case based on breach of contract or some form of deceptive... Read More
Probably a civil trial lawyer. Plan on paying legal fees out of pocket if this is a lawsuit against an individual. 
Probably a civil trial lawyer. Plan on paying legal fees out of pocket if this is a lawsuit against an individual.