Common Defenses to Florida Breach of Contract Claims


In previous articles, I have discussed the importance of operating your business with a valid contract, the essential elements every Florida contract must have to be valid, and what happens when a breach of contract occurs. Lets review six common defenses that are often used to defend breach of contract claims. If you’ve been accused of breaching a contract, you’ll want to continue reading this article.

1. Statute of Limitations

In Florida, a breach of contract claim must be brought forward within five years. If not, the claim is permanently barred and will prevent the injured party from recovering damages for their loss.

2. Duress

When one or more parties are pressured, forced or coerced into a contract, this takes away the party’s free will and constitutes duress. According to the Florida court in Franklin v. Wallace, the person accused of breaching the contract can use “duress” as a defense to the alleged breach.

3. Implied Covenant of Good Faith and Fair Dealing

The implied covenant of good faith and fair dealing, which requires every party of a contract to act in accordance with the contract’s purpose, is commonly used as a defense to breach of contract claims. However, in Florida this defense will not negate the express terms of a valid contract.

4. Impossibility of Performance

When a party of a contract is unable to perform as per the contract terms due to circumstances beyond their control, this is referred to as “impossibility of performance.” In Home Design Center v. County Appliances of Naples, Inc., the court established impossibility of performance as a legitimate defense to some breach of contract claims.

5. Unconscionable Contract Terms

A contract may be considered unconscionable if the terms are unjust, unfair or outrageous. In these instances, unconscionably may be a reliable defense to breach of contract claims. In the Florida case Kohl v. Bay Colony Club, the court held that when the terms of the contract are unfair and unreasonable at the time the contract was entered into, unconscionability may be used as a defense to breach of contract claims in the Florida courts.

6. Unilateral or Mutual Mistakes

A unilateral mistake occurs when one party was mistaken about the terms of a contract at the time they entered into it. A mutual mistake happens when both or all parties of a contract were mistaken at the time the contract was signed. Under Florida law, if any party of a contract is mistaken about the terms of a contract at the time the contract went into effect, their mistake may be a legitimate defense for not performing as obligated.

If you’re being sued for breach of contract, it is imperative that you understand how to defend and protect your business and personal interests. Above we discuss a partial list of defenses that are commonly used in breach of contract claims. Depending on the facts and your circumstances, you may find one or more of these defenses applicable to your situation. You may also find additional defenses available to you that have not been covered in this article. So, do not delay. Protect your interests today.


Source by Mark Schecter

Labor Day Party Celebration Tips and Ideas


It can be difficult to plan a party for Labor Day. There aren’t many pleasant symbols of work. Most people don’t even want to think about work while they have the time off from their job for the holiday. Most would just prefer to think of Labor Day as the end of summer vacation for students.

Many simply opt to decorate with the same red, white and blue banners and flags that are used to decorate for Independence Day when planning a Labor Day party. But with some creative thought a unique motif can emerge for this holiday just like all of the others. Labor Day may be a minor holiday for which most don’t want to spend a lot. That’s fine. A combination of other decorations can be used.

Instead of just using left over flags why not combine these with items that reflect the workplace? An office worker might be able to use an old brief case with carnations for a centerpiece. Perhaps the tie or shirt and tie cake pan that are used for Father’s Day can be decorated with the “Happy Labor Day” message. An antique lunch pail that a favorite ancestor might have used could be part of the decorations for a blue collar tribute.

Whatever work puts food on the table is to be honored for Labor Day. A writer or journalist can place an old typewriter prominently on the buffet table. Work gloves or shoes can be cleaned and artistically displayed. These items can be dipped in plaster and burnished for a unique “bronzed” affect. Anything that symbolizes the work place, including photos will be enough to pay sufficient tribute to the workers’ holiday. A scrapbook of computer copies of antique or current photos left out for the holiday are a good idea.


Source by Gail Leino

Five Fabulous Reasons to Host Your Own Designer Purse Party


Are you looking for a way to make extra money? Not just chump change but real money doing something you actually enjoy? If you love people, purses, parties, and big designer names, you may want to consider hosting a designer purse party. Designer purse parties have really taken off in popularity in the last few years as women discover it’s more fun to shop in a social environment than it is an impersonal department store. Here are five reasons you’ll want to consider hosting a designer purse party of your own.

It’s fun.

Imagine inviting a group of your closest friends to come to your house for an evening of fun, fellowship, and designer purses. While everyone catches up on the latest gossip, you explore the brand new shipment of designer purses you just received from your supplier. After enjoying coffee and cake, everyone selects a purse and gladly pays you, thrilled to be getting a beautiful purse at such a good price .You count your money and are surprised to discover how much you’ve earned without even leaving your house. Suddenly, all of your friends want to host a designer purse party of their own and you have the sources and the expertise to help them. What does this mean? More money for you.

It’s lucrative.

Yes, a designer purse party business can be lucrative. Once you’ve hosted a few parties, you’ll have people begging you to help them host one of their own. You can build a considerable secondary business helping others get started in their own purse business. After all, you have the suppliers (which you never want to reveal for obvious reasons) and the expertise.

It’s a growing trend.

Women are discovering they prefer shopping at home among friends rather than heading out to the mall. They don’t have to get into their car, fight for a parking space, and face rude and impersonal sales people to buy something they want. It’s much more fun to shop in an entertaining, party-like environment among friends. That’s why the home party business is growing so rapidly.

You control your own schedule.

When you’re in the designer purse party business, you can decide when you want to hold a party. Need some extra income for an unexpected expense? Schedule a party. This is one business where you call the shots.

The purses!

One of the biggest fringe benefits of hosting designer purse parties is getting first pick of the beautiful handbags while paying wholesale for them. Everyone will wonder where you got such an incredible selection of designer handbags. Pretty soon you’ll have booked another party or two. Once you get going, this business never stops.

There are so many more advantages to having your own designer purse party business. If you’re looking for an opportunity to make money while having fun, this is one business you’ll surely want to consider.


Source by Kristie Leong

White Party Ideas For a Memorable Gathering


White party ideas originated from circuit parties in the city of New York in the United States. White parties are now held in major cities such as New York, Miami, Fort Lauderdale, Palm Springs, and Montreal. They are now starting to expand to Europe. The parties typically move from one location to another thus the name circuit party. Attending them is very expensive, so following the circuit is difficult for the many of people. The parties usually last around three days. People who go are supposed to where the color white. Considering that the parties are often attended by thousands of people, if everyone was dressed in white it would definitely catch the attention by standing out.

At one point the dances were more like a giant rave party but over time, while they still keep the wild party sense, they have developed seminars and different workshops for drug prevention, and raising awareness about HIV/AIDS. White party ideas raise a great deal of money in the fight against HIV/AIDS as well trying to educate the public.

Although white party themes typically held in large groups in the major cities, you could also turn it into a home party. You might set up a cocktail party where everyone comes in white. You could have one or two guest speakers that come to you’re small gathering. You could have a party at someone’s house that lasts the weekend and so allow for several different workshops to take place during the day. In the evenings you have time to dance the night away with everyone wearing white. These are just some of the neat ideas that you can use if you want to have your own white party at your home with your friends.


Source by Dee Schrock

The 3 Things You Need to Know About Cake Decorating Supplies


If you want to become a professional cake decorator or just have the best decorated cakes at your kid’s parties you need to learn these 3 things about cake decorating supplies, prepare your supplies list early, buy a book with lots of ideas and learn how to use each piece of equipment. I will explain each of those in this article and show you how to take your cake decorating to the next level.

Preparing you list of needed supplies is vital before you visit the store. You want to create your list, then check it and check it again. This is more important if you have to drive more than 30 minutes to the store. If you fail to prepare a complete list of supplies, you will be spending more time driving to the store than actually working on the cake. This holds true for the supplies needed to actually bake the cake as well. Know ahead of time how much of each grocery item you are going to need, and plan ahead for mistakes, always buy extra eggs, cake mix and icing mix.

If you are like me you love to look for new ideas for your next cake design. When a client contacts me about a certain category for cake design, I have plenty of books to look through before I draw up my design for them. Having similar ideas in different books gives you the opportunity to combine different things into one cake, making an awesome design for your client, which usually helps with getting referrals and more business.

Learning to use your new cake decorating supplies is vital in creating the perfect cake. You always want to practice using any new piece of equipment before you use it for a client or for your kid’s birthday cake. Even something as simple as a turntable cake take a few tries to get used to. Getting the right technique for the cake leveler, or using an icing bag for the first time to icing an entire cake can take two or three attempts to get the technique just right.


Source by Scott A Hughes

How to Host a Unique Fairy Princess Tea Party


Make your little girl’s special day one to remember by throwing her a unique and simple fairy princess birthday party that she and her friends will remember for years to come.

First, you will need to send out invitations. You can make a pretty fairy princess themed invitation on your own computer or buy some inexpensive ones at a party store. If you are into scrap-booking, you can even make your own invitations. Usually 10 children is a good number to invite. Encourage the girls to wear a fancy dress to the event. If budget allows, you could give them their own personal fairy princess dress with their invitation that they could wear to the party.

The day of the party, start by decorating the room you will have the party in by putting up pink and white streamers and matching helium balloons. You could place posters on the wall of her favorite princess or even framed photographs on easels of your daughter in her beautiful pink princess costume. You could have Disney princess CD playing in the background to set the mood.

Next as the children arrive, have them start working on an activity, like a free, downloadable fairy princess or Disney princess coloring page until everyone arrives. Have crayons and markers set out so they can color while you are ushering in guests.

When everyone has arrived, you can start by playing a princess game. You can have princess accessories and pictures hidden throughout the room and a page with clues, like a treasure hunt. Whatever the girls find, they get to wear or take home. They can all help each other until everyone has found one.

If you need one more activity, you could decorate a princess cone hat or make your own tiara out of a headband and beads.

Lastly, it’s time for tea and cupcakes or birthday cake. You could do decaffeinated iced tea in little tea cups for the little girls or pink lemonade for those who would prefer it. You could have them decorate their own cupcakes with sprinkles or have them already decorated in your child’s favorite way. At this time, if budget allows, you could ask a teenager to come dressed up as Cinderella or your child’s favorite princess. You can find adult princess dresses for very reasonable prices and this ads a fun and unique element to your party.

When your guests depart, it is customary to send them home with a party favor. Inexpensive fairy wings would be a great gesture or a small party bag filled with your favorite princess items found at your local craft store or party store.

Most of all, have fun with it and ask for help so you can enjoy the special days too!


Source by Shelby Strong

Perfect Banquet Themes to Coordinate Your Event


Whether it is a prom, wedding reception, sports celebration, retirement or work related event you’ll find there’s always a reason for putting on a banquet. If you are the planner, then you will be working very hard to create a special night no matter what the occasion. Bringing everything together, food, decorations, presentations, with a theme is a great way to make everything work nicely in concert toward a shared goal.

There is a lot of creativity that can be put into the evening even if you are limited because of the nature of the event. The seasons can give you some inspiration for the décor and how to create the mood for the evening. While Christmas and winter will be foremost on your mind in December, a banquet in June may have you leaning toward a beach or vacation type of imagery and feel.

It is often a good idea to pull a few people together to form a committee to brainstorm ideas and find a theme that fits the banquet’s purpose and sets the right mood. If it is a prom or family type event you are almost unlimited in the variety of themes available to you. If it is a wedding reception or annual company Christmas party your possibilities may be narrower but you can create your theme around a color scheme or concept related to the company or couple to inspire creative ideas in the committee.

Prom banquets are frequently based on a popular song or current movie. Banquet themes such as Hollywood, silver screen, Arabian nights, Paris, Egyptian, Irish, Black Tie, Casino or Carnival are very popular. One of the most common banquets comes at the end of a kid’s sporting season. Celebrate a successful year with a sports related theme and food that kids love to eat such as pizza, burgers, soda, ice cream and cake. Acknowledge the hard work all season with awards or trophies and don’t forget the coaches! Most wedding receptions maintain an elegant and romantic banquet theme. Keep the individual taste of the couple and wedding party in mind when planning this one.

Surrounding yourself with a team of diverse talent is another positive of forming a committee. The practical folks will keep in mind what is allowable from budget perspective while the creative can dream up wonderful and magical theme ideas. Work to find a balance and you will arrive at a theme that is both fun and exciting but financially realistic as well.

Once you have settled on a theme it’s time to roll up your sleeves and delegate responsibilities to your committee members. Create a checklist and systematically go through it, such as organizing the guest list, picking and paying for the facility, and the caterer. Assign someone to coordinate the music or entertainment. Get a group together to assemble and place the decorations and lighting. When everyone works well together the end result will be a delightful banquet that will always be remembered by all of your guests.


Source by Cheri Brennan

Hot Trends in Baking and Pastry


Of all the hot trends in baking and pastry, outlandish decorating is one of the most noticeable and long lasting. It used to be that piping some flowers, swirls and other simple accents onto the top and sides of a cake was enough to impress people. But, nowadays, it can take pyrotechnics and motorized installations to impress judges in cake decorating contests, and at the very least, it takes more than mere piping to make a truly grand cake. The world of bakers and pastry chefs has gone to a whole other level of artisanship.

Here are some other trends taking the baking and pastry world by storm:

• Bright and Vivid Colors

Tasteful cakes and pastries in austere shades of brown, cream, off-white and pale pink are no longer so fashionable. Now, bold colors, such as lemony yellow, lime green, shocking pink, sky blue and tantalizing turquoise, are taking the pastry world by storm. Whether it’s a birthday cupcake or a wedding cake, go big and go bold when it comes to color.

• Candy Art

Cake decorators and pastry artisans are relying on gum paste and sugar-styled art more and more these days. These edible products can be crafted into animals, buildings, flowers, people, ribbons and other realistic, three-dimensional images.

• Cupcakes

The cupcake is nothing new. People have been making and enjoying cupcakes for generations, but this tiny treat has become one of the hugest fads in the baking and pastry world in the 21st century. These tiny cakes aren’t just frosted and given out to kids at birthday parties anymore; people use fancifully decorated cupcakes as the main dessert at cocktail or dinner parties, and they can even be stacked up in a spiral shape to replace a traditional wedding cake.

• Tea Parties

People have gone crazy about tea parties, from the fancy clothes to the fine china. Restaurants and cafés are even hosting their own fancy tea parties, complete with fancy cakes and pastries. One of the best parts about hosting a tea party is choosing the delicately decorated cakes and pastries, such as cupcakes, cookies and bars. Some shops even offer special goods just for the tea party crowd.

All the hot trends in baking and pastry at the moment have something in common: creativity. So whether you’re a home baker or a professional pastry chef, don’t hold back! Get creative and use the boldest colors, designs, ideas and techniques.


Source by Erik R Johnson