Category Archives: Business Litigation
How Ambiguous Terms Can Affect Your Rights Under a Florida Contract
Florida business contracts are often long, complex documents that contain multiple provisions designed to define the rights and obligations of the parties involved. Even the most carefully drafted contract, however, may still contain certain “latent ambiguities.” That is to say, there may be terms in the deal susceptible to more than one interpretation. This,… Read More »
What Is an “Illusory Contract” in Florida?
A contract requires an exchange of obligations. When a purported agreement only imposes obligations on one party but not the other, a Florida court may decline to enforce what is essentially an “illusory” contract. That does not mean that a contract must impose equal obligations on all parties. But every party must have some… Read More »
Can You Seek Punitive Damages for a Breach of Contract in Florida?
In Florida personal injury cases, a judge or jury can award punitive damages in exceptional cases where there is “clear and convincing evidence” that the defendant committed intentional misconduct or gross negligence. Put differently, punitive damages are meant to punish especially reprehensible behavior that goes above and beyond ordinary negligence. That is why such… Read More »
Common Unfair and Deceptive Trade Practices in Florida: and Fighting Back. Part II
In part one, this article series introduced readers to several key aspects of Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”). The Act is designed to guard people and businesses from those using unfair, deceptive, or unconscionable practices. In part two of this series we now discuss ways that people and businesses might fight… Read More »
Common Unfair and Deceptive Trade Practices in Florida: and Fighting Back. Part I
Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) offers protections to both Florida businesses and Florida consumers alike. The Act is designed to guard the public and legitimate enterprises from businesses who engage in unfair, deceptive, or unconscionable practices. This act serves an important purpose, as many business transactions present risks of unfair or… Read More »
Types of Contract Breach 101
Every small business understands the importance of each of their contracts, even more so than large corporations. A business’s lifeblood is the contracts they fill – a contract being a valid, legal and binding promise struck between two or more parties to give/receive services in exchange for something of value, some “consideration”. The failure… Read More »
What Businesses Must Know about Contract Consideration
A business lives and dies based on its contracts. Understanding contracts, particularly as a small business, is absolutely vital to ensuring the health and longevity of your business. Ensuring your contracts are binding, and protecting yourself when the are formed, is key. Too many small businesses have paid the price of trying to enforce… Read More »
Contracts vs Agreements: The Big Difference for Your Business
No one can dispute the pivotal role of contacts and agreements in our daily lives. And while these may seem interchangeable, there are important nuances. It is never more important to understand how contracts vs agreements differ than when you are relying on these “meetings of the minds” for important personal and business ventures…. Read More »
Class Action Waivers and Florida Business Litigation: What You Need to Know
Class actions are generally large lawsuits where several plaintiffs act together to collectively bring the same claim against the same defendants. Class action lawsuits can arise under countless scenarios – including many that involve employer/employee dynamics. The case Calderone v. Scott, for example, involved employees who brought a class action lawsuit against their shared… Read More »
5 Must-Knows for Starting Your Business
Business litigation suits can sprout from any number of places. When you start your own business, you are faced with a host of different decisions, various forks in the road. Every decision you make leads to the next one, and the next. There are many complexities to navigate – least of all the complex… Read More »