1 Elements and Case Citations
- Plaintiff and Defendant are parties to a written contract:
- The contract is ambiguous about the permissibility or scope of the conduct in question;
- Defendant, through a conscious and deliberate act, fails or refuses to discharge contractual responsibilities that unfairly frustrates the contract’s purpose and disappoints the Plaintiff’s expectations;
- Defendant’s breach deprives the Plaintiff of the contract’s benefits; and
- Plaintiff suffers damages.
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.