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Florida Construction Law

Breach of Contract “Lost Chance” Damages in Jupiter, Florida

Have you LOST MONEY from a BREACH OF CONTACT – YOU may be entitled to DAMAGES.  WE CAN HELP YOU!

The “Loss of Chance Doctrine” is a viable predicate for damages in a contract action. Florida not only has accepted the Doctrine outside the tort context, but also has expanded it. If a breach is of a promised condition on a fortuitous event, and it is uncertain whether the event would have occurred had there been no breach, the injured party/Plaintiff may recover damages based upon the value of the conditional right as it existed at the time of the breach. If a Defendant to such a breach of contract action asserts that the damages are too speculative and, therefore, inappropriate altogether, a damaged Plaintiff can assert that the “impossibility of certainty” caused by the Defendant will not bar the damages based on the value of the lost contractual or economic opportunity. Therefore, the Plaintiff may recover the value of his contract, and this may be measured by the value of the expected profits. The contractual Loss of Chance Doctrine allows a Plaintiff to sue on the alternative theory of the value of the lost opportunity. The Plaintiff’s loss of a chance to prove contractual damages with reasonable certainty — if the loss of chance is caused by the very wrongdoing over which the lawsuit is brought — is, itself, damage that may be proven by approximation or a probability. The loss of an economic opportunity is, therefore, a basis for compensatory damages.

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