Business owners are continually exposed to litigation.
The reality is that often new and experienced businesses will engage one another based on a relationship that has existed over the years.
In 2015, the firm received a $614,250.00 judgment in federal court in the Southern District of Florida against a California Corporation for patent infringement. In April of 2015, Attorney Shrayer was awarded an $800,000.00 judgment on behalf of his clients for trademark infringement in the Southern District of Florida. In 2014, the firm received a $600,000.00 judgment against an importer of counterfeit products. In all instances, permanent injunctions were also issued, which prevented the Defendants from ever again engaging in the infringing conduct.
The firm will help you analyze whether you have a valid claim for breach of contract and what your chance of succeeding on the merits is in court. If you are involved in a contract and the other party fails to live up to their end of the contract, you have options. One option is to sue for breach of contract.
%
Breach of contract
%
Breach of Fiduciary Duty
%
Fraudulent Misrepresentation
%
Construction Defects
%
Unfair and Deceptive Trade Practices Acts
%
Non-Competition Agreements
Breach of Contract
The contract is the foundation of the business deal. Contracts also provide perhaps the largest source of business litigation. The firm has successfully brought suit to enforce contracts and successfully defended its clients against breach of contract lawsuits and litigated these cases in both the federal and state courts. The Shrayer Law Firm has also successfully arbitrated and mediated many contractual disputes. Although the firm is tenacious in pursuit of its clients’ interests during litigation, it is equally as focused on finding a satisfactory way to resolve the contractual dispute in an efficient and cost effective manner.
The first step is analyzing whether a valid contract exists is when was there an offer and an acceptance. Often oral contracts are legally binding — if you can show that both parties took acts in reliance of the words and deeds of another and that the parties intended to enter into an agreement. However, it is always better to have an agreement memorialized in writing and legally sufficient consideration tendered for goods or services. Under a legal doctrine known as the Statute of Frauds, certain contracts must be in writing, such as real estate transactions.
It is important to analyze whether there was fraud or misrepresentation in the formation of a contract. Punitive damages are an available remedy in that instance and are waived if not properly pled by the plaintiff. Therefore, it is important to ensure that all your possible remedies are stated with specificity from the onset.
Fraud/Misrepresentation
Fraud and misrepresentation are independent business torts. One major difference between business torts and claims for breach of contract is that punitive damages are available for torts but not for a breach of contract actions. In some instances business tort claims may be brought even when the underlying action stems from a breach of contract. This is an important distinction that must be carefully evaluated before filing a claim and defending a claim. The firm ensures that the correct claims are filed in the proper venues from the onset of litigation.
