Elements And Breach Of Written Contracts — South Florida Litigation And Arbitration Attorney
A written contract is made under Florida law when the three elements of contract formation are present. These elements are an offer by one party to the other, the acceptance of the offer, and consideration.
Acceptance is the last act necessary to complete the 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. In relation to a written contract, the acceptance is acknowledged by the execution of the written agreement.
The consideration required to support a written 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 promisee. It is not necessary that the benefit accrue to the person making the 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. Moreover, the consideration need not pass directly to the promisor, but may move to either the promisor or a third person.
It is well settled, in Florida and most other jurisdiction, that parol or extrinsic testimony or evidence cannot be considered to change, add to or subtract from the terms of a valid written contract where the terms of the written contract are full and complete, clear and unambiguous.
In order to state a claim for the breach of a written 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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