Under Florida law, contracts are valid if there is an offer and acceptance of that offer for a fee, including handshake agreements. For a contract to be valid, at least one party must comply with the terms of the contract. Of course, in many cases of infringement or oral cases, it is difficult for the applicant to prove that the defendant accepted the conditions. Fortunately, in the case of the real estate agent, the proof was easy to find. For an oral agreement to be binding, the elements of a contract in force must be present. To illustrate how the elements of a contract create binding terms in an oral agreement, we use the example of a man who borrows $200 from his aunt to replace a flat tire. This broker and the FPL representative entered into the agreement very verbally in a very public setting. In fact, the agreement was made so well known that several proponents were able to confirm that the FPL representative had indeed promised the brokerage commission and that they were trembling about it. These revellers were dropped off and asked to testify. Written contracts often contain legal concepts such as “lump sum damages”, “special damages”, “consequential damages”, “legal costs” or “delay”, which have meanings that non-lawyers are generally unaware of. If a party to a legally binding contract violates the agreement (breach of treaty promise), many of these conditions can have a significant impact on available remedies and damages. A lawyer can help you understand what these terms mean and what the consequences of an offence are.
If you get a contract and you don`t understand all the conditions of the contract, consult a lawyer before signing a contract. Given these points, reliability issues related to oral contracts can be kept to a minimum. Although written contracts are preferred to the oral version, the latter is useful in many situations. A good understanding and careful use of oral contracts can help alleviate most problems. An experienced lawyer is always advised to check and prepare your contractual needs in order to avoid long and costly quarrels in the future. While there are many cases in the state of Florida where a single written contract is enough, there are a few where oral contracts and handshakes are just as restrictive. The situation between Florida Power & Light, co. and this broker serves as a perfect example for one of them.
Every year, Florida residents lose money because they don`t understand contracts when they enter into them or that needs to be done, if the other party violates the agreement. In many of these cases, counsel from a lawyer would have avoided the loss. Only a qualified lawyer can advise you on whether an agreement is binding and what rights or obligations you may have in the event of a breach. Before entering into an agreement that requires the remittance or payment of valuable consideration, it is best to have the agreement verified by a qualified lawyer, describe your obligations and explain the consequences of a breach of contract. Never sign something you can`t read or understand. The whole process is much easier if everything is copied in writing. These include the application of the agreement by the courts. It is often difficult to prove that an oral agreement has been reached in court, as this is usually a situation where one party`s word is opposed to that of another party.. .