Damages in a Breach of Contract Lawsuit: Florida Breach of Contract & Commercial Sales – April 8, 2015 Florida 3rd DCA

Are you involved in a breach of contract case in Miami and want to collect    money damages? You may want to read what the Miami Appeal Court said in a recent April 8, 2015, decision.

Can I receive money damages in a breach of contract litigation suit?

• Asking for money damages as a result of another person’s breach of contract is typical in a commercial litigation lawsuit in Miami, Broward, and Palm Beach County.
• In Florida, a buyer in a breach of contract lawsuit may ask for money damages.
• Money damages for a breach of a sales contract can be measured by the difference between the market price of the product and the contract price.
• For example, imagine if a seller agrees to sell a car to a buyer for $2000 while the market price of the car is $5000. If the seller breaches the contract for sale of the car, the buyer may seek money damages in the amount of $3000, which is the difference between the market price of the car ($5000) and the contract price the seller agreed to ($2000).
• This damage calculation is called “expectation interest.”
• In a recent Miami appeal court case of a commercial litigation, breach of contractlawsuit, the seller wanted to get out of a contract for the sale of a diamond.
• The seller mistakenly agreed to sell the diamond to the buyer for a very low price.
• When the seller realized its mistake, it refused to deliver the diamond and tried to back out of the contract.
• The Miami appeal court ruled that the buyer in this breach of contract litigation could elect to request money damages based on his expectation interest. To read a free online copy of this legal opinion, click here.

Anyone who has been involved in a business lawsuit in Palm Beach knows that damagesmust be proven at your business litigation trial.

• Do you know how you are going to prove damages in your breach of contract lawsuit in Boca Raton?
• Your business litigator in Palm Beach will want documents, testimony, and evidence to prove damages under Florida damage law.
• One question for your contract lawyer is: Do you need an expert to prove damages in aMiami breach of contract lawsuit?

Whoever wins in a Palm Beach, breach of contract lawsuit may calculate damages in one of three ways:

1. “Expectation interest” puts him in as good a position as he would have been in had the contract been performed.
2. “Reliance interest” reimburses him for loss caused by reliance on the contract by being put in as good a position as he would have been in had the contract not been made.
3. “Restitution interest” restores to him any benefit that he has conferred on the other party.