Florida’s Supreme Court recently adopted new standard jury instructions for contract and business cases. The instructions, drafted over a period of six years by a committee of Florida trial and appellate lawyers and judges, and modeled in form after California’s contract instructions, cover all aspects of contract and business disputes, including contract formation, breach, interpretation, oral and implied contracts, affirmative defenses and damages. Many of the instructions cite extensive sources and authorities, making them an excellent Florida contract law resource. To review the decision adopting these new instructions click here.* Below is a list of the substantive instructions (Sections 400 and 500):
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Breach of Contract 416.1 Introduction 416.2 Third-Party Beneficiary 416.4 Essential Factual Elements 416.23 Anticipatory Breach |
Contract Formation 416.3 Essential Factual Elements 416.8 Offer 416.9 Revocation of Offer 416.10 Acceptance 416.11 Acceptance by Silence or Conduct |
Oral and Implied Contracts 416.5 Oral or Written Contract Terms 416.6 Contract Implied in Fact 416.7 Contract Implied in Law |
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Contract Interpretation 416.14 Disputed Term(s) 416.15 Meaning of Ordinary Words 416.16 Meaning of Disputed Technical or Special Words 416.17 Construction of Contract As a Whole 416.18 Construction by Conduct 416.19 Reasonable Time 416.20 Construction Against Drafter
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Affirmative Defenses 416.25 Mutual Mistake of Fact 416.26 Unilateral Mistake of Fact 416.27 Undue Influence 416.28 Fraud 416.29 Negligent Misrepresentation 416.30 Waiver 416.31 Novation 416.32 Statute of Limitations 416.33 Equitable Estoppel 416.35 Judicial Estoppel 416.36 Ratification |
Other Instructions 416.12 Substantial Performance 416.13 Modification 416.21 Existence of Conditions Precedent Disputed 416.22 Occurrence of Agreed Condition Precedent 416.24 Breach of Implied Covenant of Good Faith and Fair Dealing 416.37 Goods Sold and Delivered 416.38 Open Account 416.39 Account Stated 416.40 Money Had and Received |
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Damages 504.1 Introduction to Contract Damages 504.2 Breach of Contract Damages 504.3 Lost Profits 504.4 Damages for Complete Destruction of Business 504.5 Owner’s Damages for Breach of Contract to Construct Improvements on Real Property 504.6 Obligation to Pay Money Only 504.7 Buyer’s Damages for Breach of Contract for Sale of Real Property 504.8 Seller’s Damages for Breach of Contract to Purchase Real Property 504.9 Mitigation of Damages 504.10 Present Cash Value of Future Damages 504.11 Nominal Damages |
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* The new instructions have not yet been posted to the supreme court’s website. This link is to the opinion adopting the instructions, and the instructions can be found in the appendix.
