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When money just isn't enough to remedy a breach of contract

When you entered into a contract with another party, you intended to fulfil your part of the bargain and expected the other party to do the same. However, somewhere along the way, the other party failed to do so.

This breach of contract probably hurt your business in some way. Perhaps the contract was with a supplier who failed to deliver goods on time, which cost you customers. Perhaps the contract was with a general contractor who walked out without finishing a renovation or construction job. In either case, you may have suffered some monetary harm, but that may not be enough to make your business "whole" again, which is a primary aim of breach of contract litigation.

Enter "specific performance"

Not all awards granted by Florida courts involve money. In some cases, that simply isn't enough to rectify the situation. You may request that the court order the other party to fulfill the obligations agreed to in the contract. This is called "specific performance."

The courts tend to use this legal remedy when reaching a value on the losses you suffered just may not be feasible. In addition, it's often employed based on the uniqueness of the contract's subject. If the other party was to deliver certain goods to you, but failed to do so, the court may grant the legal remedy of specific performance (often used interchangeably with replevin) to get you the goods you need in order to conduct your business.

What the court requires from you

Of course, the court will not just order specific performance without the appropriate evidence. First, the court will validate the contract between you and the party who allegedly breached it. Then, the court will require evidence that you fulfilled your end of the bargain. Finally, the court will require evidence that the other party failed to comply with the terms of the contract. If the court finds that you held up your end of the contract and the other party did not, it may order specific performance.

Knowing what evidence to provide to the court and understanding the applicable laws and procedures may not be simple tasks. Anytime you enter into litigation, you will be required to meet certain documentation, evidentiary and procedural rules. The failure to meet any of these requirements could cost you your claim. Fortunately, legal resources are available to help you succeed in your endeavor.

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Barker Cook

501 East Kennedy Boulevard, Suite 1040
Tampa, FL 33602

Phone: 813-489-1001
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