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Mavrick Law Firm

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Website title: Fort Lauderdale & Miami Business Litigation Lawyer | Palm Beach Non-Compete Attorney | Mavrick Law Firm

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MIAMI BUSINESS LITIGATION: IMPLIED-IN-FACT CONTRACTS

Contracts are usually expressed through writings or oral statements. But sometimes, contracts are implied through certain circumstances. These implied-in-fact contracts are recognized under Florida law. Bromer v. Florida Power & Light Co., 45 So.2d 658 (Fla. 1949) (“This Court should determine and give to the alleged implied contract the effect which the parties,...


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FORT LAUDERDALE BUSINESS LITIGATION: UNILATERAL MISTAKE

The existence of a unilateral mistake contract defense was confirmed by the Florida Supreme Court in Maryland Cas. Co. v. Krasnek, 174 So. 2d 541 (Fla. 1965). The Florida Supreme Court stated, “[a]lthough there is little doubt that the statement in the District Court’s opinion that unilateral mistake provides no basis for rescission of a contract or for other equitab...


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MIAMI BUSINESS LITIGATION: PREDISPOSITION TO ENDING A BUSINESS RELATIONSHIP

Lawsuits to prevent unlawful competition can take several forms. A lawsuit may involve the enforcement of a restrictive covenant like non-compete agreements, non-solicitation provisions, or non-disclosure agreements. These agreements are only permitted when supported by a legitimate business interest demonstrating the restrictive covenant provision is intended to prevent unla...


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FORT LAUDERDALE BUSINESS LITIGATION: ACCOUNT STATED AND OPEN ACCOUNT

Business litigants owed money by another usually sue for breach of contract. However, there are other common law claims that can be asserted along with, or instead of, breach of contract to recover a debt owed by another. One potential claim is called an account stated and other potential claim is called open account. The two claims are similar but have important difference. ...


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MIAMI BUSINESS LITIGATION: NOMINAL PROPOSAL FOR SETTLEMENT

Attorney’s fees are only recoverable when authorized by statute of by agreement of the parties. Reiterer v. Monteil, 98 So. 3d 586 (Fla. 2d DCA 2012) (“[A]ttorney’s fees may be awarded by a court only when authorized by statute or by agreement of the parties.”). This can make recovering attorney’s fees challenging when there is no applicable statute or contract entit...


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