Florida Causes of Action

Florida Causes of Action has elements for over 90 causes of action, Florida analysis differentiating District Courts of Appeal opinions, defenses, and issues.
Publisher: James Publishing

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ISBN: 9781949517194
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For more than a decade, Florida Causes of Action has saved you research time, helping you to work more efficiently and advocate more effectively for your clients. The 2018 edition carries on that tradition of excellence, with new and updated coverage of 40+ causes of action, remedies, legal theories and defenses.  Author Marc Wites has added dozens of new case citations, covering a broad range of issues, including:

 Negligence

  • Distinguishing ordinary negligence claims from medical negligence
  • Relationship between an uninsured motorist action and a first-party bad faith action
  • Relevant facts considered in determining whether a plaintiff has a right of action under the wrongful death statute
  • Statute of limitations on a claim for wrongful death based on acts constituting murder or manslaughter

Contract Cases
  • Defense to breach of contract claim: failure to satisfy conditions precedent
  • Defense to claim for breach of third-party beneficiary contract: no evidence of intent to benefit third-party

Business and Commercial Cases
  • Viability of a cause of action for civil conspiracy based on an underlying wrongful act which would not be actionable against an individual person
  • Consent as a defense to a claim of conversion
  • Evidentiary burden that must be met to establish a resulting trust
  • Defenses to a claim of breach of joint venture agreement: statute of frauds; Florida Constitution, Article VII, §10

Fraud
  • “Promise not performed” as a defense to a claim of fraud
  • Fraud as an improper subject for summary judgment
  • Representations made by an adverse party during settlement negotiations as an improper basis for a fraudulent misrepresentation claim
  • “Flexible” theory of damages in fraudulent misrepresentation cases

Lien Cases
  • Attorney’s ability to enforce a charging lien under a contingency fee agreement
  • Source and nature of an attorney’s retaining lien

Consumer Protection, Debt Collection Cases
  • Distinguishing recoverable actual damages under FDUTPA from fraud consequential damages
  • Preemption of FCCPA by federal regulations, promulgated pursuant to the Higher Education Act (HEA), governing collection procedures on defaulted student loans

Trusts and Estates
  • Revocation of probate based on undue influence: burden of proof and presumption of undue influence; dependent relative revocation

Table of Contents

CHAPTER 1 PLEADING IN FLORIDA
CHAPTER 2 NEGLIGENCE CASES
CHAPTER 3 CONTRACT CASES
CHAPTER 4 BUSINESS & COMMERCIAL CASES
CHAPTER 5 WARRANTY CASES
CHAPTER 6 INDEMNITY ACTIONS
CHAPTER 7 EMPLOYMENT CASES
CHAPTER 8 FRAUD
CHAPTER 9 DEFAMATION & PRIVACY
CHAPTER 10 INTENTIONAL TORTS
CHAPTER 11 PROCEDURAL TORTS
CHAPTER 12 PHYSICAL TORTS
CHAPTER 13 REAL PROPERTY ACTIONS
CHAPTER 14 CONSTRUCTION CASES
CHAPTER 15 LIEN CASES
CHAPTER 16 CONSUMER PROTECTION, DEBT COLLECTION CASES
CHAPTER 17 PROCEDURAL REMEDIES
CHAPTER 18 LEGAL THEORIES & DEFENSES
CHAPTER 19 TRUSTS & ESTATES
INDEX