What Are the 4 Elements of a Contract Breach Lawsuit?

Business Litigation – Contract Breach Claims

In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together. 

1. Prove That a Contract Even Exists 

First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance. 

2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To 

Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances. 

3. Establish That the Other Party Did Not Meet Their Contractual Obligations 

Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to. 

4. Establish That The Other Party’s Breach Of Contract Caused You Damages 

The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered. 

When Should You Contact an Attorney for Legal Representation? 

If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Mayersohn Law for a consultation at: 954-765-1900


South Florida Property Owner Shocked As Someone Tries to Sell Her Home to Someone Else

South Florida Real Estate Fraud

Can someone you don’t know sell your home out from under you to another party? You might think such a situation is impossible, but for one South Florida woman, it’s a terrifying reality. Here’s what you should know about real estate deed fraud, how it can happen, and how to protect yourself. 

The Case 

Shirley Gibson was surprised when she came to find out that her property was listed for sale on Zillow and successfully purchased by an unsuspecting buyer for $230,000. A title company in Aventura, FL claims that it was scammed and now, Gibson’s home is illegally on the market again with a “Not For Sale” sign pinned to the front gate. While unlikely that Gibson would actually lose her home, she’s now embroiled in a costly legal battle that could last for months.   

What Is Real Estate Deed Fraud? 

Real estate deed fraud is a lesser-known form of identity theft. When someone steals your identity and forges your name on the deed to a home or other property, this is considered deed fraud, sometimes called property title theft. Often, deed fraud will occur after a homeowner has died. 

Scammers will often scour the obituaries for homeowners who have passed on with residences that are vulnerable to deed theft. Vacation houses, abandoned houses, and empty houses are the most common targets of deed fraud, although scammers do still target houses that are in use, as in the case with Shirley Gibson. Scam artists may try to live in the home themselves or quickly sell it to someone else and pocket the cash.

When to Get the Help of An Experienced Florida Real Estate Litigation Lawyer 

If you’ve been the victim of real estate deed fraud, there are legal options available to you to stop someone else from assuming ownership of your property. However, these cases can be complicated and require the help of a seasoned real estate litigation attorney. 

At Mayersohn Law, we can assist you with understanding your rights and what legal avenues would be the most beneficial. We’ll go to bat for you in court if settlement negotiations are unsuccessful, and we’ll zealously advocate for a verdict in your favor. 

Contact us today to learn more about real estate deed fraud or to schedule your appointment for an initial case consultation. Call now at 954-765-1900 or fill out or simple online form and we’ll get right back to you. 


What You Need to Know About Mounting a Bank Fraud Defense

Have you already been accused of bank fraud? If so, you need a lawyer who can help you prepare right away. The prosecution will likely have a lot of lead time in a case like this, but you cannot ignore the opportunities to protect yourself.

Hiring an experienced Fort Lauderdale bank fraud defense attorney should be the first thing you do after you suspect that you are under investigation for bank fraud or after you have been formally charged. Anyone accused of bank fraud crimes in Florida is protected by the U.S. Constitution and is considered innocent until proven guilty. Bank fraud is defined as attempting to execute or executing any scheme that obtains credits, monies or other property under the control of a financial institution through fraudulent or false pretenses or any scheme that attempts to defraud a financial institution.

With maximum fines of $1 million and decades in prison at stake, it is important to know the value of mooning a proper bank fraud defense. Prosecutors and law enforcement cannot engage in the legal searches or seizures affecting those associated with bank fraud charges and anyone who has been accused has the right not to incriminate themselves and to retain an attorney as soon as possible. Many criminal defendants, especially those who are currently under investigation for bank fraud, don’t have a comprehensive understanding of their constitutional rights and do not know how to navigate the justice system effectively.

Claims associated with bank fraud can be high stakes and complex as prosecutors may do everything possible to seize assets prior to the establishment of a trial. This means that a defendant may be struggling to protect any of their property while mounting a case to defend against these critical criminal charges. The right attorney is a vital asset when preparing a defense involving bank fraud. With so much on the line for your future, you cannot afford to leave this to chance. You need a Fort Lauderdale attorney who is highly experienced with managing bank fraud allegations to begin preparing your defense immediately.

 

 

 


What You Need to Know About Intent and Simple Battery

Being accused of battery in Florida is an unnerving experience and one that should prompt you to contact a criminal defense attorney quickly. Intent is an essential element of a simple battery charge. In order for battery to constitute a crime, there must be a specific voluntary act or something that is substantially certain to result from such an act.

The defendant, therefore, must engage in conduct in which he or she knows that a strike or a touch is certain as a result of their actions or he or she must intend to strike the person. Therefore, accidental touching or touching that is not aimed at making a contact with another individual is often insufficient to establish simple battery charges in Florida.

Whether the person who is accused had the necessary intent, is a question for the jury to resolve by looking at the circumstances and the facts associated with the touching or the striking of the victim. In all prosecutions in Florida, the touching must occur without the consent of the alleged victim or in other words, against the victim’s will. This issue often arises as a complicating factor in allegations of criminal conduct in terms of mutual combat.

You might be curious about how these cases are affected if both parties are involved in the fight.
Mutual combat is a common battery defense that is associated with both parties assenting to a physical altercation and therefore, consenting to be touched, which is not applicable to battery charges. Both parties must be at fault in order for this to apply and the defendant cannot be the primary aggressor or be the one who initiates the fight. Again, the issue of consent is one for a jury to decide and as examined in light of other facts associated with the case. If you have been accused of simple battery in Florida, your willingness to take action quickly by consulting with an experienced criminal defense attorney is vital towards crafting a compelling defense to protect you and keep you out of jail. Do not hesitate to contact a knowledgeable attorney as soon as possible.


South Florida Resident Loses Luxury Home Construction Appeal

Palm Beach Home-Building Lawsuit

Updated 06-09-2021

South Florida homeowner Donald A. Burns sued the town of Palm Beach for denying his plans to build a modern-style luxury home on his beachfront property at the North End of the island. The court determined that the city did not violate the First Amendment rights of Mr. Burns when it denied his request to build a domicile that would be in striking contrast to other houses in the area. 

The Palm Beach Architectural Commission has long maintained that its architecture should be reasonably well coordinated and the court supported this policy when it ruled against the plaintiff. Mr. Burns then appealed the case to a higher court in the state, suggesting his luxury home design did not violate code, but did not have success at overturning the decision. 

On Appeal

The appeals court also upheld that Palm Beach has the right to deny homeowners the ability to build out-of-character homes or other structures that would appear out-of-place in the area. Additionally, the appeals court determined that Burns’ 14th Amendment rights were also not violated when the town reviewed the architectural plans for his luxury, contemporary-style home; the lower court did not deny his right to due process and had given him a reasonable amount of time to present supporting arguments.  

Get Help Defending Your Right to Own Luxury Property 

Being embroiled in real estate litigation is costly, especially when you’re already shelling out so much for the building process in the first place. As a property owner, you expect to be able to construct the luxury home or other structure you want. After all, that’s one of the biggest draws of being a homeowner — the lack of authority over the style and build of your home. 

If you’ve had your home design or construction plans denied, or you’ve been contacted by your HOA or another authority about your property demanding you make a change to your luxury property, you may benefit from legal assistance. 

Contact Mayersohn Law Today 

For help with any luxury real estate legal matter, it’s vital that you act swiftly to acquire a qualified attorney. A competent real estate lawyer can help you save time and money while also improving the chances of a favorable case outcome.

Call Mayersohn now for a consultation to discuss your case in more detail at 954-765-1900. Our team has the skills and experience to provide you with the comprehensive legal representation you need.


What to Expect After a DUI

An arrest and conviction for driving under the influence of alcohol is a frightening and life-changing experience. It’s important to know what to expect after a DUI, especially if it’s your first one, so you can be prepared. You need to adjust to a different way of life now and in the future. Know that many DUI consequences are far-reaching. Here’s what you should know.

Employment

One difficult thing to deal with after a DUI is the effect on current and future employment. Your current employment may be at risk if you take a lot of time off for DUI proceedings. Also, having limited transportation could increase the number of days you take off or arrive late. Future employment is affected because of your criminal record. There are some positions that you may not be eligible for. Take advantage of any job or career programs offered in your area.

Counseling

Often, a counseling program is mandatory after a DUI conviction. The counseling may be specifically for alcohol abuse, or it may be a drug and alcohol combination program. The program will likely be several weeks or months long. Therefore, it’s important to always attend unless you are severely ill. In all likelihood, you will be required to complete the counseling program successfully as part of your sentence. In fact, it’s important that you attend and make arrangements to ensure the program is completed.

Transportation

Unfortunately, transportation can be significantly affected if your license was suspended as a result of your DUI. First, apply for a hardship license that grants you the ability to drive to and from work yourself. However, you may not be approved for this so it’s important to also explore the option of public transportation. Fort Lauderdale has a wealth of public transportation options, but they do cost extra time and money. If traveling by bus to work, plan for delays and allow yourself plenty of time to get there.

Contact a Fort Lauderdale DUI Attorney Today

Arguably the most effective way to avoid life changes after a DUI arrest is to avoid being convicted. An experienced DUI attorney can help. Call Leah H. Mayersohn, Esq. today for a consultation at 954-400-5000.


What You Need To Know About Divorce Court

The courtroom can be a frightening place for divorcing couples. Naturally, you’ll want to know what to expect, especially if you’ve never been inside a courtroom before. It’s quite different from what you see on television; there are some things to keep in mind to help you prepare. Here’s what you should know.

Basic Courtroom Etiquette

Treat the courtroom like you might treat a job interview. Make sure your cell phone is turned off or on silent (not vibrate, you’ll be surprised at how loud a vibrating cell phone can be in a quiet courtroom). Also, don’t bring in drinks or food, don’t chew gum, and make sure to remove your hat or sunglasses. Look for signs in your specific courtroom that list anything else that isn’t allowed.

Be Prepared for the Metal Detectors

All courtrooms screen for weapons. How this is done varies from location to location, but you can expect to go through a metal detector. Metal detectors won’t pick up small pieces of metal in your clothing, like pants buttons, but they will pick up on keys left in your pocket. You’ll likely be asked to put your purse, wallet, or other personal effects in a bin to be scanned while you walk through the metal detector. It’s not much different from going to the airport.

You May See People You Don’t Know

Many people are surprised that divorce court isn’t private. The courtrooms are public and anyone can sit in on a case. While this means you can ask family or friends to come support you (this is not recommended) it also means that you’ll likely see some people you don’t know. Be prepared for strange faces and stay focused on your case.

There Won’t Be a Jury

Juries are typically used for criminal cases and aren’t necessary in divorce cases. Your divorce will be presided over by a commissioner or a judge. Remember to call the judge “your honor” when addressing him or her to show respect.

Contact Our Office Today 

Divorce is best handled by a competent divorce attorney. Facing family court alone, even with a few ideas of what to expect, can be a harrowing experience. Contact our office for a consultation today to discuss your divorce options, to file for divorce, or to get help preparing for an upcoming divorce hearing. Call now at 1-954-765-1900.


What To Look For In A Florida Criminal Defense Lawyer

Facing Criminal Charges In South Florida?

When hiring a South Florida criminal defense attorney, you’ll want to look for someone who has extensive experience and one who will remain committed to you for the duration of the case. The attorney that you are looking for may not be the same person who you used after a vehicle accident, the person who put together your estate plan, or the one who helped you with your real estate purchases.

Criminal Defense Lawyers Are Vital

A criminal defense attorney serves a crucial role in the outcome of your case but is quite distinct from a civil attorney. Private criminal defense attorneys usually will work in small partnerships or practice on their own.

Usually, they will focus on the specific geographical setting and they have distinctions about which type of criminal defense practice they maintain. Some may only represent certain types of crimes. A typical private criminal defense attorney will likely have had several years of experience working for the government before entering in private practice either as a public defender or as a prosecutor. You should try to hire a criminal defense attorney who has experience in the courthouse in which your case is currently pending while the same laws will be in effect throughout your state.

Procedural Differences In Courts

Procedures will be different from one courthouse to another and your criminal defense attorney already being familiar with the specifics of your case and the way that the cases are handled inside the courtroom can make things much easier for you when trying to protect yourself.

You should also look for criminal defense attorney who has a successful track record in the type of crime with which you are being charged. This will dramatically increase your chances of being able to walk away after being accused of a crime without facing the consequences of conviction or having a criminal record haunt you for many years to come.

Get Help With Your Criminal Charges

Your criminal defense attorney should also give you a heads-up about how he or she will keep you informed over the duration of your case. If you or someone you know has been charged with a crime, call for assistance today.


Reasonable Child Visitation

Custodial Parent

When a child’s parents separate, they will typically live with one of their parents most of the time. This parent is called the custodial parent, and the other is referred to as the noncustodial parent. If the child is old enough, they may choose with whom they live. 

Courts in Florida understand the psychological and emotional importance of a child maintaining a meaningful relationship with both parents. Often, they will award the non-custodial parent what is known as “reasonable visitation.” What is it and what should you know about it? 

Reasonable Visitation Defined 

Reasonable visitation is a term that is used to describe fair visitation for the non-custodial parent, based on the best interests of the child. In most child custody cases, it’s beneficial for the child to have an ongoing relationship with both of their parents. This is true even when one parent only has partial visitation. 

However, visitation may not be reasonable in certain cases. For example, a non-custodial parent with a history of abuse or domestic violence may find it difficult to be awarded any type of visitation. Or, a court may see fit to award a parent who is actively working towards self-betterment infrequent, supervised visitation.

How Reasonable Child Visitation Works 

If possible, you and your ex-partner should create a visitation schedule that is agreeable for both of you. Take your work schedules into consideration, along with any extracurricular and educational activities that your child has. Make sure you plan in advance for special events and holidays and come up with a proposed visitation schedule that offers your child the most stability. 

When Will a Judge Decide Reasonable Visitation? 

If you cannot reach an agreement with your ex about a mutually beneficial visitation schedule on your own, the court will need to intervene. This means that your custody case is contested, and you no longer have the final say in what visitation looks like for your family. 

Many courts default to “standard” visitation for the non-custodial parent. Many people recognize this as visitation every other weekend and two weeks a year (usually during the summer if a child is school-age), and alternating holidays. 

Why Contact a Boca Raton Family Law Attorney for Your Visitation Case 

The outcome of your child custody dispute hinges largely on the evidence you’re able to present and how you’re able to present it. This is where an experienced Boca Raton child custody attorney can help.


Golf Car DUI

Driving A Golf Car While Under The Influence

Golf is a great sport and it’s easy to get carried away at the club but what happens if you find yourself behind the wheel of a Golf Cart after an accident?

Some of you may have heard of someone drinking while out for a game on the course. Golf Cart DUI is a reality that is brought to the forefront regularly and often makes the weekend news. Allegations that a local resident was under the influence after a Golf Cart crash are not unusual in Florida. Being accused of a DUI is not an easy position to be in and it is something that can happen to anyone, whether it be a common motor vehicle, a motorcycle, or even a golf cart. What happens if you get into an accident with a Golf Cart and are accused of driving under the influence?

DUI Charges And Penalties In Florida

If you are accused of Driving Under The Influence in Florida, you may be facing serious penalties, possible charges, and license suspension.   DUI is a very serious offense and it can be life-altering as well as costly.

It’s important to note that any DUI in Florida that involves injury to another party as a result of driving under the influence has the possibility of facing Felony DUI charges.

Play It Safe

So before you decide to have a drink at the Golf Course, aside from the actual club rules which may not even allow drinking on the course, play it safe.  If this is something that is allowed at your particular club, have another party who is not a part of the game locked in as your driver, grab an Uber or simply do not get behind any wheel of any vehicle, conventional or otherwise.

Get Help

If you or someone you know has been involved in a DUI Golf Cart Accident and needs help, speak to a qualified DUI Criminal Defense attorney as early as possible and learn about your options.