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Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into ?he said, she said? situations, which can be more challenging to prove than cases with clearly defined terms on paper.
To sue for breach of contract in Florida, you must meet three criteria. First, there must have been a valid contract. Second, there must have been a material breach of that contract. And third, you must have incurred damages as a result of the breach.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
2d 1042, 1043 (Fla. 1st DCA 1977) (?It is elementary that in order to recover on a claim for breach of contract the burden is upon the claimant to prove by a preponderance of the evidence the existence of a contract, a breach thereof and damages flowing from the breach.?); see also A.R. Holland, Inc.
In the state of Florida, a breach of contract occurs when a party to a contract fails to perform one or more of their contractual obligations. This can include the failure to pay on time, failure to complete a job or deliver goods by a specified time, substituting inferior products, and much more.
In Florida, oral and written contracts are generally enforceable. However, written contracts provide stronger evidence and clarity of terms. Verbal agreements can be more challenging to prove, relying on witness testimony or supporting evidence to establish their terms and existence.
To sue for breach of contract, you must be able to show: Prove that there was a contract in existence ? It would need to be proven that a legally binding contract was in place and that it had been breached.
Statute of Limitations for Contract Breach in Florida When a written contract is broken, the timeframe for filing a lawsuit is usually five years. On the other hand, a legal action that is based on the breach of an oral contract must be brought within four years.