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breach of contract
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Raising Affirmative Defenses to Fight Breach of Contract Claims

If someone sues you or your business for breach of contract, your response can go beyond simply denying the plaintiff’s claims against you. You also can assert what are known as affirmative defenses. These are essentially reasons why your actions were permissible and why the plaintiff should not prevail. They are called affirmative defenses because Read More

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Enforceability of Contractual Liquidated Damages Clauses

Liquidated damages are dollar amounts that parties to a contract agree will be paid in the event of a breach. Setting a fixed amount can be preferable to proving actual damages that might be difficult to ascertain when a breach occurs. Florida courts generally recognize the validity of liquidated damages clauses. However, in order to Read More

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Enforcing Liquidated Damages Clauses in Construction Contracts

Liquidated damages are amounts of money that parties to a contract agree are to be paid by one party to the other in the event of a breach of contractual terms. Liquidated damages clauses are common in Florida construction contracts, since they guard against the unpredictable losses that property owners, developers and contractors might suffer Read More

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Wendy’s sues large franchisee for alleged breach of contract

Wendy’s sues large franchisee for alleged breach of contract On behalf of H. Clay Parker, Esq. posted in Business Litigation on Sunday, February 22, 2015. Franchise disputes are a substantial source of business litigation to law firms in Florida that handle such matters. This generally consists of a disagreement between the franchiser, e.g., McDonald’s or another Read More

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Company must prepare for business litigation after cyber-attack

Company must prepare for business litigation after cyber-attack On behalf of H. Clay Parker, Esq. posted in Business Litigation on Tuesday, May 19, 2015. Any Florida company that maintains a data base of customers containing vital identifying information on those individuals may be subject to a future cyber-attack. Such an event could open the company to Read More

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Breach of contract suits may be prevented with written agreement

Breach of contract suits may be prevented with written agreement On behalf of H. Clay Parker, Esq. posted in Business Litigation on Wednesday, April 8, 2015. It was not at first blush an idea that sounds like it would be worth millions. The co-founders were university students with the idea that people could send photos that Read More

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Business tort case filed against former FBI director

Business tort case filed against former FBI director On behalf of H. Clay Parker, Esq. posted in Business Torts on Monday, March 23, 2015. Employment law in Florida and elsewhere is a litigation subject where breach of contract claims are voluminous and usually central to the litigation. Business litigation of this nature also may involve business Read More

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Football team owners to pay millions in breach of contract case

Football team owners to pay millions in breach of contract case On behalf of H. Clay Parker, Esq. posted in Business Litigation on Thursday, November 20, 2014. Florida football fans are likely familiar with the NFL Vikings. However, the CEO, vice chairman and president of the team are in the news for reasons other than the Read More

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Sears accused of breach of contract in Goodyear tire deal

Sears accused of breach of contract in Goodyear tire deal On behalf of H. Clay Parker, Esq. posted in Business Litigation on Thursday, November 6, 2014. Business owners in Florida know that it is sometimes in their best interest to collaborate with other businesses. By doing so, both businesses are able to share both expenses and Read More

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Breach of contract alleged by movie makers against investors

Breach of contract alleged by movie makers against investors On behalf of H. Clay Parker, Esq. posted in Business Litigation on Friday, October 24, 2014. In Florida and other states, business litigation can involve a wide variety of breach of contract conflicts between business entities. Because there are a great number of contracts that are signed Read More

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