FL Contracts Distinctions Flashcards
In FL, what must be true for a promise to pay a debt after the SOL has run to be enforceable?
Promise must satisfy the SOF, meaning it must be in writing and signed by the party to be charged
In FL, what are the 4 elements to the fraudulent misrepresentation defense to formation of a contract?
1) a person makes a false statement concerning a material fact;
2) that person knows that the representation was false;
3) the representation was made with the intent of inducing another to act on it, and;
4) the party acting in reliance on the representation was injured as a result
In addition to the Mr. SOUR statute of frauds (SOF) categories, what 4 categories of contracts must also satisfy the SOF in FL?
1) executor contract (a type of suretyship K, think E and Myrna)
2) Newspaper subscriptions
3) Health care - a promise/warranty about the results of a medical procedure by a Dr.
4) Debt - contract satisfying a debt for less than the full amount
In FL, what 3 subsequent acts must be present for an oral contract for the transfer of an interest in real property to be enforceable.
1) payment of all or part of the purchase price;
2) possession by the purchaser, and
3) substantial improvement of the property by the purchaser
** need all 3 in FL unlike other jurisdictions.
What 2 things must be true about an ambiguity in a contract for extrinsic evidence to be admitted to interpret a FL contract?
The ambiguity must be 1) on the face of the contract, and 2) must be latent (must require extrinsic evidence to interpret its meaning)
In FL, punitive damages are only awarded in cases involving what 2 types of conduct?
1) intentional conduct;
2) gross negligence
In FL, what is the cap for punitive damages?
3 times the compensatory damages or $500,000
