What is the standard of proof for contract breach in civil litigation?
The standard of proof for contract breach in civil litigation in Florida is a preponderance of the evidence. This means that the plaintiff, the person who is filing the lawsuit, must prove that there is a greater than 50% chance that the contract was breached. This is the lowest standard of proof in civil litigation. In order to prove a breach of contract, the plaintiff must be able to show that there was a contract between the parties and that the contract was breached in some way, either through performance or a failure to perform. The plaintiff must also prove that they were damaged in some way as a result of the breach. The court will consider a variety of evidence when determining if a breach of contract has occurred, including testimony from witnesses and documents such as written contracts. The court will also consider circumstantial evidence that may indicate that a breach of contract occurred. If the plaintiff is able to prove that there was a breach of contract by the preponderance of the evidence standard, then the court will likely rule in their favor. The court may also award damages to the plaintiff as a result of the breach.
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