Contract Disputes Attorney in Miami, Florida

Can I sue over a violation of the spirit and good-faith purpose of a contract, even if the language in the agreement doesn’t seem to support my position?

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Miami, FL commercial litigation attorney Robert Zarco talks about whether you can sue over a violation of the spirit and good-faith purpose of a contract, even if the language in the agreement doesn’t seem to support your position. No claim justifies or will uphold a lawsuit solely based on the assertion that the spirit of the contract is not being followed. When evaluating a potential breach of contract, considerations of good faith principles come into play. However, claims of good faith and fair dealing typically require connection to an express provision in the contract addressing the issue. The factor of spirit, or more precisely, the intent of a contract, becomes relevant for courts, particularly when dealing with ambiguous provisions. Clear and unambiguous contracts may obviate the need to examine the spirit or intent explicitly. In cases where multiple interpretations are possible, courts may turn to witness testimony to discern the spirit or intent of the parties when entering into the contractual relationship and the goals they aimed to achieve for mutual benefit.

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