Florida Complaint regarding Breach of Contract for Actual and Punitive Damages
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How to fill out Complaint Regarding Breach Of Contract For Actual And Punitive Damages?
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FAQ
A motion for leave to amend a pleading to assert a claim for punitive damages shall make a reasonable showing, by evidence in the record or evidence to be proffered by the claimant, that provides a reasonable basis for recovery of such damages.
To sue for breach of contract in Florida, you must meet three criteria. First, there must have been a valid contract. Second, there must have been a material breach of that contract. And third, you must have incurred damages as a result of the breach.
Punitive damages are not typically awarded in breach of contract cases in Florida. However, in some cases, such as when the breach of contract was willful, malicious, or fraudulent, punitive damages may be awarded.
Coverage under the puni-wrap policy is triggered when punitive damages are sought on a claim in a state where punitive damages are uninsurable as a matter of public policy. In such a situation, the controlling policy covers the compensatory damages and the puni-wrap policy covers the punitive damages.
Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.
Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence. Punitive damages typically involve awards over and above the compensatory damage award.
Punitive damages and their purpose Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.
Florida Statute Section 768.72 allows punitive damages only when ?there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.?