FL · jury_instructions
Fla. Std. Jury Instr. (Contract & Bus.) 416.29
AFFIRMATIVE DEFENSE — NEGLIGENT MISREPRESENTATION
The committee recognizes that some authority exists suggesting that negligent misrepresentation can be asserted as an affirmative defense to a breach of contract claim. See Rocky Creek Retirement Properties, Inc. v. The Estate of Virginia B. Fox, 19 So.3d 1105, 1110 (Fla. 2d DCA 2009). However, the law supporting this defense has not been sufficiently developed to enable the committee to propose an instruction on this defense. Pending further development in the law, the committee takes no position on this issue.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
1f3973a9af91a5351c9fb03476d0c2a6e6ccc79a18e1673bed0cadb7e406e390
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