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Florida Business Litigation Jury Instructions.pdf

Florida Business Litigation Jury Instructions.pdf

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Published by Santiago Cueto
These are the new Florida Jury instructions for business litigation. They instructions covering, breach of contract, contract formation, contract interpretation, contractual damages, open account, goods sold and delivered, and contract related affirmative defenses.
These are the new Florida Jury instructions for business litigation. They instructions covering, breach of contract, contract formation, contract interpretation, contractual damages, open account, goods sold and delivered, and contract related affirmative defenses.

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Categories:Types, Business/Law
Published by: Santiago Cueto on Jun 18, 2013
Copyright:Attribution Non-commercial

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01/03/2014

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Supreme Court of Florida
 ____________  No. SC12-1931 ____________ 
IN RE: STANDARD JURY INSTRUCTIONS—CONTRACT ANDBUSINESS CASES
 [June 6, 2013]LEWIS, J.This matter is before the Court upon the report, recommendation and  proposal of the Supreme Court Committee on Standard Jury Instructions— Contract and Business Cases and a printed book of instructions prepared by theCommittee for use when appropriate in civil cases. We have jurisdiction. See art.V, § 2(a), Fla. Const. This Court generally approves the theory and technique of instructing juries with regard to the applicable law as recommended by theCommittee and embodied in the proposed instructions when applicable.Accordingly, this Court authorizes and directs the publication and use of theseinstructions, but without prejudice to the rights of any litigant objecting to the useof any of these approved forms.
 
- 2 -In 1962, this Court established the Supreme Court Committee on Standard Jury Instructions as a committee of this Court to study and develop a program for standard jury instructions. By 1964, this Committee had determined that for theinitial effort, the work and plan should be limited and directed to the preparationand publication of standard instructions for use in the trial of only negligence-typecases. In January 1967, this Committee had completed all work except the finaleditorial work on Florida Standard Jury Instructions. On April 19, 1967, this Courtentered its final approval and authorized the publication of those instructions. TheSupreme Court Committee on Standard Jury Instructions continues in existenceand from time to time files new proposed instructions and amendments toinstructions.The lawyers and judges in Florida have found the existing Standard JuryInstructions, although limited to certain case types, to be beneficial to theadministration of justice. With this predicate, since at least 1999, the Committeeon Standard Jury Instructions has from time to time explored the possibility of expanding the work of the group to include instructions for other types of cases.As of July 2006, the existing committee had been unable to move forward and had terminated all efforts to proceed in that direction.On September 15, 2006, then Chief Justice R. Fred Lewis entered Administrative Order AOSC6-47 which created the Supreme Court Committee on
 
- 3 -Standard Jury Instructions—Contract and Business Cases (Committee). TheCommittee was established because “[t]here is a need for an additional standingcommittee to address standard jury instructions in contract and business litigation .. . .” In re Supreme Court Committee on Standard Jury Instructions—Contract and Business Cases, AOSC06-47, at 2 (Sept. 15, 2006). The Committee was charged with performing the following tasks:1. Organize a committee structure for perpetual operation toinclude leadership, rotation of membership, selection of members, an operational plan for submission of proposed instructions to the Florida Supreme Court for approval, and anyother item necessary for the just and proper operations of theCommittee.2. Study and examine Florida law with regard to the principles of contract law and principles of law involved in businesslitigation that could properly be placed in uniform standardized  jury instruction form. Based on this study and examination,develop, prepare, and propose to the Florida Supreme Court for approval uniform standard jury instructions for use in contractand business litigation in Florida. The Committee shalldevelop, prepare, and propose uniform standard juryinstructions to include both the jury process and the law to beapplied in the decision process.3. The Committee is authorized to coordinate and liaison with anyother group, jury instruction or otherwise, as may be necessaryand proper to accomplish the work required. The Committee isalso authorized to seek expanded authority from the FloridaSupreme Court as may be necessary to accomplish its mission.4. The Committee shall have perpetual existence and shall meet atregular intervals to continue its review of the law and anyexisting standard jury instructions and supervise the proper 

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