De Novo Review Blog

The Issue of Punitive Damages

A law firm requested a De Novo Review LLC flex-time attorney research the issue of whether a plaintiff can seek leave to amend to assert punitive damages when the allegedly fraudulent conduct arises from a contractual relationship? No. “The general rule is that punitive damages are not recoverable for breach of contract, irrespective of the […]

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Punitive Damages

By: Marty Can a plaintiff seek leave to amend to assert punitive damages when the allegedly fraudulent conduct arises from a contractual relationship? No. “The general rule is that punitive damages are not recoverable for breach of contract, irrespective of the motive of defendant.” Lewis v. Guthartz, 428 So. 2d 222, 223 (Fla. 1982). “It […]

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Illusory obligations in a contract

  Can a party to a contract enforce a termination clause that allows both parties to terminate with or without cause but requires that the other party pay the complete amount of the contract upon exercising its right to terminate? Probably no. “It is basic hornbook law that a contract which is not mutually enforceable […]

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