Parties breach a contract when the person fails to perform the duties assigned by the agreement, but death makes the performance of the duties impossible. While death voids many contracts, there are circumstances where a contract remains in force, even when one party to the agreement dies.
If the party seeking enforcement of the contract has partially or fulfilled its duties under the contract without objection from the other party, the performing party may be able to use its performance to hold the other party to the terms of the contract.
Lewis hires Ricky to make some repairs to his sailboat. Repairs of this nature generally take eight months, but Ricky has a difficult time finding two pieces of equipment necessary for the job and it ends up taking him just over a year to finish the job.
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Under Florida law, certain types of contracts must also contain the parties’ agreement on specific issues in order to be enforceable. A lawyer can help you determine what needs to be in your written contract to make it a legally binding and enforceable in a Florida court.
In other words, it makes a significant difference whether the non-mistaken party is aware that the other party does not understand a term in the contract. If the non-mistaken party knows that the other party has made a unilateral mistake, the result is usually contract rescission (cancellation).
The name of the original creditor to whom the debt is owed. The law: Collectors can call third parties such as family, neighbors, friends or. reports for accuracy, as errors can unnecessarily damage your credit standing.. as well as financial legislation, budgeting, debt recovery and savings strategies.
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