Fraud as affirmative defense means that one party to the contract deceived another party into entering into a contract in which the injured party would have not otherwise entered. Fla. Sept. 25, 2015). Floridas prior breach doctrine, sometimes referred to as the first breach doctrine, is a fundamental principle of contract law. Set-off is a popular topic or defense raised in civil disputes.. This doctrine of avoidable consequences defense holds that a plaintiff cannot recover damages caused by a defendant that the plaintiff could have reasonably avoided. With a Contractual Right, Tortious Interference: 3. Because breach of warranty is based on a contract between the parties, the defendant can require the plaintiff to do certain things to obtain a remedy. Extra-Contractual Damages cannot be Recovered against Property Insurer Absent Bad Faith Claim, In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision, Recording Documents in Public Records to put Others on Constructive Notice, Proposals for Settlement and Dismissals WITHOUT PREJUDICE, Just because You Recovered an Affirmative Judgment does NOT Mean you Are the Prevailing Party for Purposes of Attorneys Fees, PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION, Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute, Owner can Testify as to the Value of His Property, Piercing the Corporate Veil is NO Easy Feat, 3-Step Process to Determine Production of Document under Trade Secret Privilege, Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty, Declaration Cannot Take Away Common Elements in a Condominium, Properly Alleging a Trade Secret Misappropriation Claim under Florida Law. Click the icon above to call Gulisano Law now for a free consultation. 3d 783, 787 (Fla. 1st DCA 2014) (Whether a breach is material and important is a question of degree, which must be answered by weighing the consequences of the breach in light of the actual custom of persons in the performance of contracts similar to the one involved in the particular case. See Digesu v. You can follow David Adelstein on Twitter @DavidAdelstein1. That one call can mean the difference between winning and losing your lawsuit. The Improper Use of Lis Pendens in Florida, Slip and Fall, Premises Liability, and Other Negligence Claims, Unfair Debt Collection & Deceptive Business Practices. 3d at 1309 (Whether a particular breach is material raises an issue of fact.). ANSWER to Complaint with Affirmative Defenses by Wal-Mart Stores, Incorporated. Check and see if the claim for breach of fiduciary duty is merely a restated breach of contract claim. Conditions or covenants in a contract are classed as dependent or independent from a consideration of the intention and understanding of the parties as shown by the whole contract. Steak House, Inc. v. Barnett, 65 So. There Must be a Prior Breach of a Provision in the Contract. Consequently, if the time has expired, the pursuing party cannot file a lawsuit as the time for such actions has expired and thus, the claim will be barred. 3d 318, 321 (Fla. 2d DCA 2014) (Whether the payment obligations under the employment agreements were dependent or independent covenants is an issue of law that turns on the proper interpretation of the contracts.). Section 500 Damages That simply means you reached a new agreement that you fully complied with, and they are not entitled to renege on their deal. The first element should be obvious. Between these two straight forward tenants of business stands a warranty. A set of facts that, if true, entitle an individual or entity to be awarded a remedy by a court of law. Breach of Implied in Fact Contract, Breach: 06. Most defenses to a breach of contract claim are referred to as "affirmative defenses." As a legal matter, this means that the party raising the defense (the person sued for breach of contract) has the burden of proving the defense, if the dispute goes to trial. 25. This is a complicated defense. . 2d 472, 477 (Fla. 5th DCA 1999) (When a nonbreaching party to a contract is confronted with a breach by the other party, the nonbreaching party may stop performance, treating the breach as a discharge of its contractual liability.); City of Miami Beach v. Carner, 579 So. Statutory Construction What does the Statute Mean? Copyright 2013 Rudnitsky Law Firm . Second, the court shall set-off any amount the plaintiff received from the other two defendants in the judgment the plaintiff receives since it involves the same damage, meaning the set-off would reduce the jury verdict and would be embodied in the final judgment. This article is not a substitute for legal advice. After reviewing this form, you may decide that none of the affirmative defenses it describes apply to your case. Under this defense, the person or entity being accused of a breach of contract argues that the other party is not entitled to a remedy under Florida. In order to be successful, the plaintiff must prove all three elements mentioned above. An affirmative defense can help you win your lawsuit, even if what the plaintiff says is true. Florida Rules of Civil Procedure. the non-breaching party must not have waived the right to enforce the prior breach against the opposing party. To achieve an account stated, the agreement must amount to a recognition of a debt by a party, with a promise, express or implied, to . BREACH OF CONTRACT 9. ~ From the Rules Regulating The Florida Bar, About Contract & Business Jury Instructions, Florida's Standards for Imposing Lawyer Sanctions, Section 600 Substantive Instructions General, Appendix AHow to Write and Use Jury Instruction in Civil Cases, 416.3 Contract Formation Essential Factual Elements, 416.4 Breach of Contract Essential Factual Elements, 416.9 Contract Formation Revocation of Offer, 416.11 Contract Formation Acceptance by Silence or Conduct, 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, 416.20 Interpretation Construction Against Drafter, 416.21 Existence of Condition Precedent Disputed, 416.22 Occurrence of Agreed Condition Precedent, 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 in the Inducement, 416.29 Affirmative Defense Negligent Misrepresentation, 416.32 Affirmative Defense Statute of Limitations, 416.33 Affirmative Defense Equitable Estoppel, 416.35 Affirmative Defense Judicial Estoppel, 416.36 Affirmative Defense Ratification, 416.42 Breach of Duty to Disclose- Residential, 504.4 Damages for Complete Destruction to Business, 504.5 Owners Damages for Breach of Contract to Construct Improvements on Real Property, 504.7 Buyers Damages for Breach of Contract for Sale of Real Property, 504.8 Sellers Damages for Breach of Contract to Purchase Real Property, 504.10 Present Cash Value of Future Damages, How to Write and Use Jury Instruction in Civil Cases, Form 416.2 Model Form of Verdict for Third-Party Beneficiary of Contract Claim, Form 416.3 Model Form of Verdict for Formation of Contract, Form 416.4. Section 100 Oaths Lets break this down as applied to the above hypothetical. One of those ways is by proving an affirmative defense. A Misrepresentation is Not the Same as a Breach of Contract, Owner Jointly and Severally Liable for Nondelegable Duty, Corporation Administratively Dissolved for Failing to File Annual Report can Still Prosecute Action, Application of the Non-Party Fabre Defendant, Evidentiary Hearing when Lis Pendens NOT based on Duly Recorded Instrument, Mandatory or Permissive Forum Selection Provision, Limitation on Real Estate Brokers Procuring Cause Doctrine, The Declaration of Condominium Says what It Says, Employer cannot Retaliate against Employee for Workers Compensation Claim, Enforcement of Non-Compete and Non-Solicitation Provision, Absolute Immunity Protects Public Officials from Defamation, The Duty of Care Element in a Negligence Action is a Question of Law, Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent, Deficient Jury Instruction could Amount to Reversible Error, How to Factor a Postoffer Settlement into a Proposal for Settlement Analysis, Refuting Affirmative Defenses in Motion for Summary Judgment. Another affirmative defense can arise if you reached a settlement agreement with the credit card company and fully performed your obligations under that agreement. Below are a few examples of defenses to breaches of contract, not all defenses. The trial court correctly considered that provision unimportant in this context.); Jackson v. Holmes, 307 So. Fraud. In those circumstances, common law contract principles may provide a defense to claims of contractual breach caused by the COVID-19 pandemic. 3d 955, 960 (Fla. 5th DCA 2015) (emphasis added). An affirmative defense is a defense that essentially provides a reason why you should win even if the plaintiff in a lawsuit can prove its case. Preliminary Sections Mistakes can be divided into unilateral or mutual. Why is this important? Under Florida civil procedure rules, you have 20 days to answer the complaint, and your answer must include your affirmative defenses. Suite 100A While unclean hands may sound like a great affirmative defense in certain contexts, asserting the defense and actually proving and prevailing on it are two different things. Deerfield Beach, FL 33442 P. 1.110(d), and Other Standard Defenses, Breach: 02. (561) 948-5589, Copyright 2023 Van Riper & Nies It is common to argue all the defenses that are available to you, which might include one or more of the . Breach of contract litigation can substantially interfere with business operations and client or customer relationships. Group USA, Inc. v. King, 171 F. Supp. . 416.4 (Breach of ContractEssential Factual Elements); 416.20 (Interpretation Construction Against Drafter); 416.24 (Breach of Implied Covenant of Good Faith and Fair Dealing); 416.25 (Affirmative DefenseMutual Mistake of Fact); and 416.26 (Affirmative Defense Unilateral Mistake of Fact). v. Law Offices of E. Clay Parker, 160 So. Honest, hardworking sellers should not be held hostage to the unreasonable expectations of an overly demanding buyer. . Company B furnished 23 automobiles and, declaring those . (2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, Typically, these set-off statutes apply when the plaintiff received money from a defendant / tortfeasor who was, The objective is to prevent the plaintiff from obtaining a windfall by obtaining overlapping compensation for the, On the other hand, if there was an argument that there were separate theories of liability / claims against the other two defendants and potentially different elements of damages, the plaintiff would want to allocate the settlement consideration in the release agreement to these separate theories of liability / claims to create the argument that set-off is not appropriate. The passing of the Statute of Limitations means that the time limit for filing a lawsuit for a breach of contract has expired. A defendant in a breach of contract claim in Florida has 20 days to file a response. A covenant is independent where it does not go to the whole consideration of the contract but is only subordinate and incidental to its main purpose . Id. Promissory Estoppel The legal doctrine of promissory estoppel may be raised as an affirmative defense in a breach of contract claim. Predominant common law doctrines that may be raised as affirmative defenses in breach of contract cases are impossibility of performance, impracticability, and frustration of purpose. A condition under which one party would be entitled to sue another. The plaintiff unreasonably delayed seeking the breach of contract suit in court, and; That delay caused prejudice or a harm to the defendant due to that delay. Denied. (1) A written covenant not to sue or release of a person who is or may be. e.g., the plaintiff owner may be able to state both a cause of action for breach of the contract against the general contractor as well as negligence, which is an action sounding in tort law, for damages unconnected with relief that may have been provided for in the contract . In addition, if a 3rd party holds a security interest, lien, or encumbrance on the goods, the buyer must be made aware of the 3rd partys interest by way of actual notice. Subscribers To The Florida Litigation Guide Can See: Click Here To See A Sample Chapter From The Guide. Model Form of Verdict for Affirmative Defense on Fraud in the Inducement, Form 416.32(a) Model Form of Verdict for Affirmative DefenseStatute of Limitations, Form 416.32 (b) Model Form of Verdict for Statute of Limitations Defense in a Breach of Contract Case, Form 416.33 Model Form of Verdict for Affirmative DefenseEquitable Estoppel, Form 416.35 Model Form of Verdict for Affirmative Defense of Contract ClaimJudicial Estoppel, Form 416.36 Model Form of Verdict for Affirmative DefenseRatification, Form 416.37 Model Form of Verdict for Goods Sold and Delivered, Form 416.38 Model Form of Verdict for Open Account, Form 416.39 Model Form of Verdict for Account Stated, Form 416.42 Model Form of Verdict for Breach of Duty to DiscloseResidential, Form 416.43 Model Form of Verdict for Piercing the Corporate Veil in Contract Claim, Form 416.44 Model Form of Verdict for Legal Status of Entities in a Contract Claim, Form 416.46 Model Form of Verdict for Promissory Estoppel, Form 504.1 Model Form of Verdict for Introduction to Contract Damages in Contract Claim, Form 504.2 Model Form of Verdict for Breach of Contract Damages in Contract Claim, Form 504.3 Model Form of Verdict for Lost Profits, Form 504.4 Verdict for Damages for Complete Destruction to Business in Contract Claim, Form 504.5(A) Model Form for Owners Damages for Breach of Contract to Construct Improvements on Real Property Where No Unreasonable Economic Waste is Claimed, Form 504.5(B) Model Form for Owners Damages for Breach of Contract to Construct Improvements on Real Property Where Unreasonable Economic Waste is Claimed, 504.6 Model Form of Verdict for Obligation to Pay Money Only in Contract Claim. A slight delay in meeting deadlines is typically not considered to be a material breach. Romy B. Jurado, Esq. Corp. of DC v. Caylao, 130 So. We're currently offline. You should consult with a knowledgeable Florida consumerattorney who is experienced in defending debt collection lawsuits. 24. See Focus Mgmt. How Long will my Divorce Case in Stuart, Florida take? 22. Fla. 2002) (emphasis added). Under this defense, the person or entity being accused of a breach of contract argues that the other party is not entitled to a remedy under Florida. Personal Jurisdiction and Florida Courts Two-Prong Analysis, Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages, Evidentiary Hearing Warranted before Compelling Non-Signatories to Arbitration, Mutual Mistake or Unilateral Mistake in Contract, Employees Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement, Comparative Fault Applies when Substance of the Action is Sounded in Negligence, Work Product Document and Withholding of Documents Based on Doctrine, Nature of Disclosure under Floridas Public Whistleblower Act, Declaratory Relief in Insurance Coverage Dispute, Statute of Limitations Accrual for Breach of Contract, Enforce Settlement Agreement OR Breach of Settlement Agreement, Objecting and/or Refusing to Participate in Employers Activity in Violation of a Law, Rule, or Regulation under Floridas Whistleblower Act, Quick Note: Obtaining a Default Final Judgment, Appealing a Protective Order that Precludes You from Deposing Material Witness, Tortious Interference with Business Relationship and Two Defense Privileges, Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure, Prevailing Party in Civil Action Entitled to Recover Costs, Properly Exercising the Right of First Refusal, Reasonable Attorneys Fees Expert when Attorneys Fees are the Damages, Prejudgment Interest for Economic Damages is Predicated on the Loss Theory, Take Advantage of Video Conference Consultations with an Attorney. See Toyota Tsusho Am., Inc. v. Crittenden, 732 So. Rule 1.110 - GENERAL RULES OF PLEADING. 3d at 1297 (Price or compensation is typically an essential term of a contract.). (See also this, Value of Restrictive Covenant when Moving for Permanent Injunction, Reasonable Attorneys Fee Hearing Does Attorney Need to Testify at Hearing, Word to the Wise: File Your Notice of Appeal TIMELY, Contract is Not Hearsay; It has Independent Legal Significance, Voluntarily Dismissing a Lawsuit that Gives Rise to Attorneys Fees (Oh No! III. Unlike the Florida state court authority on this issue, there are numerous federal District Court opinions supporting the position that a plaintiff asserting a breach of contract claim and declaratory judgment claim in the same action cannot state a "bona fide need" for the declaratory judgment when the breach of contract claim has not been A person must have legal capacity to contract, otherwise he or she cannot be bound by a contract. However, a civil theft claim includes many nuances and high . And lastly, the party must prove that it has sustained damages, such as financial losses, due breach of contract. Breach of Implied Warranty of Fitness for a Particular Purpose, Contribution Uniform Contribution Among Tortfeasors Act, Emotional Distress, Intentional Infliction, Invasion of Privacy Public Disclosure of Private Facts, Tortious Interference: 1. Hamilton, 6 F. Supp. If you choose not to raise any of . Unilateral means a single party did not fully understand or was mistaken about the terms and conditions of the contract, while mutual means that both of the parties were mistaken about the terms and conditions of the contract. The party must prove the existence of an enforceable contract. What about tort actions such as negligence actions in disputes involving personal injury or property damage? While materiality is a fact-based analysis focused on the substantiality of the breach, the injury suffered and closely related factors, whether a covenant is dependent is a question of law for the court to decide based on the intent of the parties gleaned from the face of the contract. 3d 1300, 1309 (S.D. In Florida, under Rule 1.110 (d) of the Florida Rules of Civil Procedure, the following affirmative defenses to breach of contact must be raised when pleading to a preceding pleading: accord and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, laches, payment release, res This could be a case in a variety of situations. With a Dead Body, Tortious Interference: 4. The breach of ministerial, minor, technical, or administrative provisions of a contract will typically not be found to be material. Personal Jurisdiction and Florida Courts Two-Prong Analysis, Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages, Evidentiary Hearing Warranted before Compelling Non-Signatories to Arbitration, Mutual Mistake or Unilateral Mistake in Contract, Employees Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement, Comparative Fault Applies when Substance of the Action is Sounded in Negligence, Work Product Document and Withholding of Documents Based on Doctrine, Nature of Disclosure under Floridas Public Whistleblower Act, Declaratory Relief in Insurance Coverage Dispute, Statute of Limitations Accrual for Breach of Contract, Enforce Settlement Agreement OR Breach of Settlement Agreement, Objecting and/or Refusing to Participate in Employers Activity in Violation of a Law, Rule, or Regulation under Floridas Whistleblower Act, Quick Note: Obtaining a Default Final Judgment, Appealing a Protective Order that Precludes You from Deposing Material Witness, Tortious Interference with Business Relationship and Two Defense Privileges, Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure, Prevailing Party in Civil Action Entitled to Recover Costs, Properly Exercising the Right of First Refusal, Reasonable Attorneys Fees Expert when Attorneys Fees are the Damages, Prejudgment Interest for Economic Damages is Predicated on the Loss Theory, Take Advantage of Video Conference Consultations with an Attorney. It is asserted, but not really a defense a party can ever prove. Florida has a standard form, Form 1.933, regarding how to properly plead a cause of action for account stated. Jennie G. Farshchian, Esq. See e.g., Richland Towers, Inc. v. Denton, LLC, 139 So. One of the most common uses of laches is when a plaintiff delays filing to avoid dealing with witnesses that may hurt their recovery. We are South Florida Breach of Warranty Lawyers. They are warranty of title and warranty of quality. Stuart, FL 34994 (772) 283-8712, 10 Fairway Drive #139 A prior breach defense or claim may be waived by the parties. In contract actions, set-off must be raised as an affirmative defense and proven at trial (and determined by the trier of fact) or else the defendant waives the right to assert set-off. Trust Invs., N.A. Statutory Construction What does the Statute Mean? In Florida, the law requires that a seller warrant good title and rightful transfer. In Texas, defendants must assert affirmative defenses in their Answer at the beginning of the case or risk not being able to use them later. In order for a plaintiff to win a lawsuit against you, they have to prove each of the elements of their claim. Arbitrability of a Dispute Does a Judge or Arbitrator Decide? The defending person or business entity will be successful by proving one or more of the elements above wrong. Generally, in the United States, some of the affirmative defenses to breach of contract include: Lack of capacity. Breach of Contract Defenses A breach of contract case is when one party files a civil lawsuit against the other party for breaching the contract terms. There are three types of warranty of quality: All warranties are capable of being limited or waived, but each requires its own specific process for waiver or limitation to validity. College, 905 So. 2016) ([T]he general rule is that a material breach of the agreement allows the non-breaching party to treat the breach as a discharge of his contractual liability.); Hamilton v. Suntrust Mortg. Under Florida law, duress is a condition of the mind produced by an improper external pressure or influence that destroys the free agency of a party and causes him to do an act or make a contract not of his own volition. Of course, you can also contact us by using our convenient website contact form or by faxing us. The amount of damages recoverable for breach of a contract to construct improvements on real property is: . Fraud in the inducement means that the party was induced or lured into signing the contract through fraud and the provisions of the contract are not in the best interest of the defending party. As Gold says, "There are certainly defenses to breach of contract." We handle breach of warranty defense in Palm Beach, Broward, Miami Dade County and throughout Florida. (quotation and citation omitted). Please contact David Adelstein at [emailprotected] or (954) 361-4720 if you have questions or would like more information regarding this article. There are several defenses to counter a claim of breach of warranty. However, in order for it to apply in any context, four elements must be present: The first element should be obvious. A material breach occurs only when an injured party has sustained a substantial injury due to the breach. Bland v. Freightliner, LLC, 206 F. Supp. An affirmative defense generally does not deny the mitigating facts or circumstances. Where a mistake of one party at the time a contract was made as to a basic assumption on which he made the contract has a material effect on the agreed exchange of performances that is adverse to him, the contract is voidable by him if he does not bear the risk of the mistake, and (a) the effect of the mistake is such that performance of the contract would be unconscionable, or (b) the other party had reason to know of the mistake or his fault caused the mistake. Even though excuse for mistake concerns mistaken assumptions about reality at the time of contracting, the mere fortuity that the mistake concerned events occurring after the contract was formed will transform the issues into one of impossibility of performance or frustration of purpose. Fifth Affirmative Defense 5. 2d 470, 471 (Fla. 4th DCA 2003). For more information about our trial practice and for a free consultation please call us day or night, e-mail us, or complete the contact form below. 2DO8-1847 (Fla. 2d DCA, February 27, 2009), illustrates an interesting defense to a tortious interference claim. Section 200 Preliminary Instructions whose name a contract has been made for the benefit of . Trust Invs., N.A. Subscribe to The Florida Litigation Guide To Access Everything! (561) 948-5588, 900 SE Ocean Boulevard 451 Fiduciary Duty This is a strong defense as the person or entity forfeits its consensual partnership in the contract. Otherwise, the court will consider them waived and you will not be allowed to use these defenses later in the case. Send us an email and we'll get back to you, asap. Section 400 Substantive Instructions Suite 140-E AFFIRMATIVE DEFENSES 26. If you prove an affirmative defense, you can win the lawsuit or reduce the amount of money the plaintiff can recover. List of Affirmative Defenses: - failure to state a claim upon which relief may be granted (almost always use) - statutory defenses prerequisites (these will vary depending on the claims) - preemption by federal or other law - accord and satisfaction - arbitration and award - assumption of risk - unavoidable accident - economic loss rule This is because that party also committed a breach of contract. There are several ways in which you can defend a lawsuit filed against you by a credit card company, debt collector, bank, auto finance company and other plaintiffs. In tort actions, set-off is not an affirmative defense to be determined by the trier of fact but is a determination regarding damages to be made by the court after the [jury] verdict is rendered [in a jury trial]. Felgenhauer, 891 So.2d at 1045. Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us in writing. For more information about our commercial litigation practice call 877-322-5291. Cornerstone SMR, Inc. v. Bank of America, N.A., 163 So.3d 565, 569 (Fla. 4th DCA 2015). For example, four (4) widgets at $8.00 each would be a material breach of a contract for four (4) widgets at $4.00 each. (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death. 2013) (not a material breach of a requirement to maintain patents where the patent was for obsolete or noncompetitive product, the licensee deemed the loss of the patent so unimportant that it never requested the patent be retroactively maintained, and the licensee suffered no harm from the breach). Fla. 2014) (It is a fundamental principle of Florida contract law that a material breach by one party excuses the performance by the other.). Under New York law, a corporation may include provisions in the certificate of incorporation to eliminate the liability . Set-off is a popular topic or defense raised in civil disputes. v. Domino, 896 So. Brain Injuries Sustained in Florida Car Accidents, Defense of Domestic Violence Charges in Martin County, Free Stuart FL Personal Injury Lawyer Advice. Personal Injury, Divorce & Criminal Lawyers in Stuart, Delray Beach, Boca Raton, Port St Lucie, Stuart Deerfield Beach West Palm Beach Delray Beach Boca Raton, Commercial Litigation By Tim Nies, Esq. 2d 801, 802 (Fla. 1st DCA 1998) (tender of payment one day late was not a material breach of settlement agreement). Model Form of Verdict for Affirmative DefenseMutual Mistake of Fact, Form 416.28.
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florida affirmative defenses to breach of contract