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Proposed Amendments to Standard Jury Instructions, Contract and Business Cases, Instructions 416.28, 504.5

The Supreme Court Committee on Standard Jury Instructions—Contract and Business Cases submits these amendments for comment.

Interested parties have until April 30, 2021 to submit comments electronically to Hon. Paul Huey, chair, Supreme Court Committee on Standard Jury Instructions—Contract and Business Cases, and a copy to the Florida Bar liaison for the committee Mikalla Davis.

Proposal Summary

416.28 (Affirmative Defense- Fraud in the Inducement) Makes several modifications to this instruction for greater clarity and to align it with the current law.
Form 416.28 (Model Form of Verdict for Affirmative Defense on Fraud in the Inducement) Adds a new verdict form for the affirmative defense fraud in the inducement.
504.5 (Owners Damages for Breach of Contract to Construct Improvements on Real Property) Adds a definition of unreasonable economic waste.

Adds new sources and authorities.

504.5 (A) (Model Form of Verdict for Owner’s Damages and Breach of Contract to Construct Improvement on Real Property Where No Unreasonable Waste is Claimed) Adds a new verdict form for calculation of damages for breach of contract for construction improvements where no unreasonable waste is claimed.
504.5 (B) (Model Form of Verdict for Owner’s Damages and Breach of Contract to Construct Improvement on Real Property Where Unreasonable Waste is Claimed) Adds a new verdict form for calculation of damages for breach of contract for construction improvements where unreasonable waste is claimed.

Full Text of Proposal

SJI CB 2021 Amendments