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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
