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Comparing Legal and Equitable Remedies for Breach of Contract in Florida

Written on September 15, 2020

Florida business owners may not be surprised to learn that Business News Daily lists breach of contract as one of the top grounds for business litigation in the US. You have probably been on one side of a contract dispute at some point, even if the disagreement did not result in a lawsuit. Considering the frequency of breach of contract lawsuits, it makes sense to become familiar with what remedies you can seek as the aggrieved party – and what you could face if you were the one that breached.

In general, the remedies available in a breach of contract case fall into two categories. Your Clearwater business litigation attorney can explain how they apply to your situation, but the following description should be helpful.

Legal Remedies

When an aggrieved party is looking to recoup financial losses suffered from a breach of contract, the remedy is legal in nature. The most common types include:

  • Compensatory Damages: This is the most common recourse for breach, where a party wants sufficient funds to put it in the same position as if the contract was fully performed. Compensatory damages cover any additional amounts expended in pursuit of getting the benefit of the contractual bargain.
  • Restitution: The best way to describe this type of legal remedy for breach is using the term “refund.” The party that breached must pay the other back any amounts forwarded before the breach occurred.
  • Liquidated Damages: Some contracts include a provision that defines the amount that a breaching party must pay to the other. As long as liquidated damages are fair and have a reasonable connection to the losses the aggrieved party suffers, a court will typically enforce the contractual language.

Equitable Remedies

In a case where monetary damages cannot adequately compensate the aggrieved party for losses associated with a breach of contract, it may be possible to pursue equitable remedies. Instead of a dollar amount, a court would order that the breaching party do or not do some act. Examples of equitable relief include:

  • Specific Performance: A court may force the party in breach to deliver the goods or provide services as promised in the contract. Specific performance is usually an appropriate remedy when the subject of the contract is unique.
  • Rescission: At times, the best remedy for the aggrieved party is to simply cancel the contract and return to the status quo. Both parties are free from all contractual obligations.
  • Reformation: This equitable remedy involves rewriting the contract so that both parties can perform their modified obligations. It is possible to reform a contract in full or in part to achieve the desired objectives.

A Clearwater, FL Business Litigation Lawyer Can Explain Your Options

While breach of contract litigation is a common occurrence for many Florida business owners, it does help you understand what types of legal and equitable remedies are available. For more information on what to expect in such a lawsuit, please contact Clearwater Business Law. You can schedule a consultation with one of our contract dispute attorneys by calling (727) 785-5100. Our team serves clients throughout Pinellas County, so we are prepared to advise you.


I strongly endorse Andrew Mongelluzzi. He is a very skilled and able business attorney focused on customer service and results. On the front end, Andrew deftly advises new businesses on organizing properly, acquiring necessary licenses, contracting with vendors & customers, and dealing with various compliance issues that may arise. On the back end when things go south, Andrew counsels and navigates businesses through complex commercial disputes and aggressively represents them in negotiations, mediation, arbitration, and in litigation so that businesses can legally move on and get back to business. Andrew’s ability to identify legal issues and approaches to resolve business-related issues is a strength that I have learned from and professionally relied upon in approaching the business matters and cases that I handle. I regularly refer business to Andrew knowing that he will diligently represent his business clients and their best interests.
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Attorney Mongelluzzi and his team provided excellent and quality service. I always felt that my needs were met and that the firm was invested in me and my case. The quality services I received at Mongelluzzi’s firm were remarkable. From the initial meeting they were responsive to my calls, questions and concerns. All issues were handled professionally and timely, easily accessible, got back to me quickly, aggressive and got me the results that I wanted. Attorney Mongelluzzi and his staff all gave my case their personal attention and provided the quality of work that anyone would want when hiring an attorney.

- Client

Andrew is very thorough defining the outcome expectations. In my case, it was setting up a new corporate entity. He advised me on the most beneficial option and he then executed on that path. Andrew is a very pleasant person to work with. He is determined, skilled and committed to his client’s success.

- Gil Pinney

Andrew helped me through a difficult situation with American Express and we won the case. A great job by Andrew! He also helped me with T&C’s in my company. I would recommend Andrew highly as an attorney.

- John Sams

As a business owner for 12 years I have seen my fair share of ups and downs. Some of the downs would include landlord/tenant disputes and creditors that may have not been fulfilled to agreement. Andrew has met both of these situations for me in a timely, positive, and affordable manner.

- Rich Mattes

It was very nice to have a lawyer who not only is fierce in negotiations but has been successful in business. This is a lethal combination. I was glad he was on my side.

- Nigel Castanheiro

Andrew helped me with a contract litigation case. The lawyers battled it out for over a year and we finally got a reasonable settlement offer. Then the other side tried to back out. Andrew figured out how to force the other side to honor the deal and really knows his way around the court system. Definitely feel comfortable using him again.

- John Ellis


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