Breach of Oral Contract - South Florida State and Federal Court Litigation and AAA Arbitration Attorney

South Florida Breach of Oral Contract Litigation and Arbitration Attorney:

Oral contracts are enforceable in the State of Florida. To state a cause of action for breach of an oral contract, a plaintiff is required to allege facts that, if taken as true, demonstrate that the parties mutually assented to "a certain and definite proposition" and left no essential terms open. Thus, an oral contract is subject to the basic requirements of contract law such as offer, acceptance, consideration and sufficient specification of essential terms. Finally, a party who asserts an oral contract must prove its existence by a preponderance of the evidence.

Acceptance is the last act necessary to complete the oral contract. An acceptance is an overt manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.

The consideration required to support a contract need not be money or anything having monetary value, but may consist of either a benefit to the promisor or a detriment to the promise. It is not necessary that accrue to the person making a promise. It is sufficient that something of value flows from the person to whom it is made, or that he suffers some prejudice or inconvenience and that the promise is the inducement for the transaction.

In order to state a claim for the breach of an oral contract, the aggrieved party must show three elements: (1) a valid contract; (2) a material breach; and (3) damages.

Please keep in mind that the above information is being provided for educational purposes only. It is not designed to be complete in all material respects. Thus, it should not be relied upon as legal advice. If you have any questions concerning the contents of this post, please feel free to contact us for you free initial consultation.

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At the Boca Raton Law Office of Russell L. Forkey, we represent clients throughout South and Central Florida, including Boca Raton, West Palm Beach, Boca Raton, Sunrise, Plantation, Coral Springs, Deerfield Beach, Pompano Beach, Delray, Boynton Beach, Hollywood, Lake Worth, Royal Palm Beach, Manalapan, Jupiter, Gulf Stream, Wellington, Fort Pierce, Stuart, Palm City, Jupiter, Miami, Orlando, Maitland, Winter Park, Altamonte Springs, Lake Mary, Heathrow, Melbourne, Palm Bay, Cocoa Beach, Vero Beach, Daytona Beach, Deland, New Smyrna Beach, Ormand Beach, Broward County, Palm Beach County, Dade County, Orange County, Seminole County, Martin County, Brevard County, Indian River County, Volusia County and Monroe County, Florida. The law office of Russell L. Forkey also represents South American, Canadian and other foreign residents that do business with U.S. financial institutions, investment advisors, brokerage and precious metal firms.