Florida Standard Jury Instructions: Contract and Business Cases
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In June 2013, the Florida Supreme Court authorized the publication of Florida Standard Jury Instructions: Contract and Business Cases. These instructions contain the "how to write instructions" appendix section of the Florida Supreme Court Committee's Standard Jury Instructions in Civil Cases, Sections 100, 200, 300, 600, 700, and 800 of those instructions, as well as Sections 400 and 500 that focus specifically on contract and business instructions. The Second Edition, now presented in an easy-to-use loose-leaf binder, updates the instructions with the changes incorporated after this title was originally produced.
Accordingly, the new business and contract-specific instructions are limited to Sections 400 and 500 of the instructions:
- Section 400: Substantive Instructions, contains instructions for the principal issues the jury is to resolve and the legal principles governing the resolution of those issues, organized according to specific causes of action. These instructions are individually numbered under 416 in order to not conflict with the already existing instructions numbered 401 through 415 by the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases.
- Section 500: Damages, contains instructions on damages arranged so that the various elements of damage proper for consideration in any given case may be selected. The model charges contain guidance on straightforward and complicated or multiple claim cases. These instructions are individually numbered under 504 to not conflict with the instructions already existing numbered 501 through 503 by the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases.
Table of Contents
TABLE OF CONTENTS
Preliminary Sections How to Use This Book
A. Getting Started
B. Using This Book for the First Time
C. Finding the Right Instruction
D. Ensuring the Instruction Is Current
E. Assembling a Set of Instructions
F. Drafting Case-Specific Instructions
G. Referring to Instructions by Number
H. Providing Written Instructions to the Jury
I. When Instructions Should Be Given
J. Included Instructions
K. Variance from Standard Instructions
L. Use of Special Verdicts
M. Understanding the Signals in This Book
Orders of the Supreme Court Creating and Revising These Instructions Committee Members
SECTION 100 — OATHS
101.1 Oath of Jurors Before Voir Dire
101.2 Oath of Juror After Voir Dire
101.3 Oath of a Witness
101.4 Oath of an Interpreter
SECTION 200 — PRELIMINARY INSTRUCTIONS
Qualifications Instruction
A. During Jury Selection
201.1 Description of the Case (Before Voir Dire)
201.2 Introduction of Participants and Their Roles
201.3 Explanation of the Voir Dire Process
B. After Jury Selected and Sworn
202.1 Introduction
202.2 Explanation of the Trial Procedure
202.3 Note-Taking by Jurors
202.4 Juror Questions
202.5 Jury to be Guided by Official English Translation/Interpretation
SECTION 300 — EVIDENCE INSTRUCTIONS
301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions
301.2 Instruction When First Item of Documentary, Photographic, or Physical Evidence is Admitted
301.3 Instruction When Evidence is First Published to Jurors
301.4 Instruction Regarding Visual or Demonstrative Aids
301.5 Evidence Admitted for a Limited Purpose
301.6 Jury to be Guided by Official English Translation/Interpretation
301.7 Jury to be Guided by Official English Transcript of Recording in Foreign Language (Accuracy Not in Dispute)
301.8 Jury to be Guided by Official English Translation/Interpretation — Transcript of Recording in Foreign Language (Accuracy in Dispute)
301.9 Disregard Stricken Matter
301.10 Instruction Before Recess
301.11 Failure To Maintain Evidence Or Keep A Record
SECTION 400 — SUBSTANTIVE INSTRUCTIONS
  416.1 Breach of Contract — Introduction
  416.2 Third-Party Beneficiary
  416.3 Contract Formation — Essential Factual Elements
  416.4 Breach of Contract — Essential Factual Elements
  416.5 Oral or Written Contract Terms
  416.6 Contract Implied in Fact
  416.7 Contract Implied in Law
  416.8 Contract Formation — Offer
  416.9 Contract Formation — Revocation of Offer
  416.10 Contract Formation — Acceptance
  416.11 Contract Formation — Acceptance by Silence or Conduct
  416.12 Substantial Performance
  416.13 Modification
  416.14 Interpretation — Disputed Term(s)
  416.15 Interpretation — Meaning of Ordinary Words
  416.16 Interpretation — Meaning of Disputed Technical or Special Words
  416.17 Interpretation — Construction of Contract as a Whole
  416.18 Interpretation — Construction by Conduct
  416.19 Interpretation — Reasonable Time
  416.20 Interpretation — Construction Against Drafter
  416.21 Existence of Condition Precedent Disputed
  416.22 Occurrence of Agreed Condition Precedent
  416.23 Anticipatory Breach
  416.24 Breach of Implied Covenant of Good Faith and Fair Dealing
  416.25 Affirmative Defense — Mutual Mistake of Fact
  416.26 Affirmative Defense — Unilateral Mistake of Fact
  416.27 Affirmative Defense — Undue Influence
  416.28 Affirmative Defense — Fraud
  416.29 Affirmative Defense — Negligent Misrepresentation
  416.30 Affirmative Defense — Waiver
  416.31 Affirmative Defense — Novation
  416.32 Affirmative Defense — Statute of Limitations
  416.33 Affirmative Defense — Equitable Estoppel
  416.34 [Reserved for Future Use]
  416.35 Affirmative Defense — Judicial Estoppel
  416.36 Affirmative Defense — Ratification
  416.37 Goods Sold and Delivered
  416.38 Open Account
  416.39 Account Stated
  416.40 Money Had and Received
SECTION 500 — DAMAGES
  504.1 Introduction to Contract Damages
  504.2 Breach of Contract Damages
  504.3 Lost Profits
  504.4 Damages for Complete Destruction of Business
  504.5 Owner's Damages for Breach of Contract to Construct Improvements on Real Property
  504.6 Obligation to Pay Money Only
  504.7 Buyer's Damages for Breach of Contract for Sale of Real Property
  504.8 Seller's Damages for Breach of Contract to Purchase Real Property
  504.9 Mitigation of Damages
  504.10 Present Cash Value of Future Damages
  504.11 Nominal Damages
SECTION 600 — SUBSTANTIVE INSTRUCTIONS — GENERAL
  601.1   Weighing the Evidence
  601.2   Believability of Witnesses
  601.3   Jury to be Guided by Official English Translation/Interpretation
  601.4   Multiple Claims, Numerous Parties, Consolidated Cases
  601.5   Concluding Instruction (Before Final Argument)
SECTION 700 — CLOSING INSTRUCTIONS
SECTION 800 — SUPPLEMENTAL MATTERS
  801.1   Juror Questions During Deliberations
  801.2   Read-Back of Testimony
  801.3   Jury Deadlocked
  801.4   Instruction Upon Discharge of Jury
APPENDIX A: HOW TO WRITE AND USE JURY INSTRUCTIONS IN CIVIL CASES