Parties to a contract can agree to arbitrate certain disputes within a contract. As discussed in many of our previous articles, resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of the case. Whether a particular dispute between parties is arbitrable…
Continue reading ›Commercial relationships are governed, in significant part, by contract law. When disputes arise between businesses, the interpretation of the terms of the parties’ agreement often will determine which side prevails. Litigants in contract disputes will often seek to gain advantage by bringing in testimony and evidence which supports their own interpretation of a contract. Testimony…
Continue reading ›An “implied contract” is a principle of law whereby courts will bind a party to an implied agreement when the elements of a contract are not otherwise met (an offer by one party over a matter which each party must provide some form of consideration which is accepted by another party). It is a fundamental…
Continue reading ›Florida law permits a person or company to sue under a business contract which that party did not actually agree to because that person or business is a “third-party beneficiary” to the contract. A third-party beneficiary is an entity which receives a benefit under a contract but is not one of the parties that signed…
Continue reading ›Attorneys’ fee provisions in contracts can significantly influence how a dispute will be resolved. An aggrieved party can become emboldened if an attorneys’ fees award is available as a prevailing party. At first blush, it may appear prudent for a business to have its contract contain an attorneys’ fee provision which allows it to claim…
Continue reading ›Resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of business litigation. Whether a particular dispute between parties is arbitrable is defined by what the parties agreed to. Arbitration clauses often narrow the scope of arbitrable issues to particular types of…
Continue reading ›Trial of a business dispute through the court system or through arbitration can have significant consequences. As discussed in previous articles, resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of the case. Arbitration of a dispute may be more beneficial…
Continue reading ›As a defense to the enforcement of a contract, a party can claim the affirmative defense that the agreement is “unconscionable.” The unconscionability defense requires that the party claiming it show that both the substance of the agreement is unreasonably favorable to a party and that the agreement was made procedure by which the parties…
Continue reading ›The unprecedented COVID-19 pandemic affected many Florida business’ ability to comply with their contractual obligations. Government quarantine measures as well as changes in economic conditions and consumer demand continue to influence contract compliance. Mavrick law released two articles at the outset of the pandemic concerning contractual disputes and COVID-19. The first addressed the contractual defense…
Continue reading ›Noncompete agreements sometimes designate the laws of other states to govern the parties’ contractual obligations, even if the agreement is made in Florida. This is known as a choice of law provision. When these choice-of-law provisions are valid and enforceable, they can have significant repercussions on the results of noncompete litigation. Peter Mavrick is a…
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