Duty To Inquire

175 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Homolla v. Gluck
  248 F.2d 731· 8th Cir.· 1957-10-22 ·cited 150×
  The court held that the plaintiff failed to present sufficient evidence of fraud to invalidate the release, and the trial court was entitled to grant a directed verdict for the defendant.
• Johnson v. Life Ins. Co. of Ga.
  52 So. 2d 813· Fla.· 1951-05-25 ·cited 81×
  The Florida Supreme Court held that an insurance company waived its right to deny a life insurance policy claim due to pre-existing conditions when its agent continued to collect premiums after learning the insured had tuberculosis. The court found this constituted a waiver as a
• Hagan v. Sabal Palms, Inc.
  186 So. 2d 302· Fla. 2d DCA· 1966-03-23 ·cited 78×
  Homeowners in a residential subdivision sought to enforce restrictive covenants against a corporation that purchased two lots and planned to build a restaurant in violation of deed restrictions limiting the property to dwelling use only. The trial court dismissed the complaint fo
• In re Est. of Samuel Donner v. Anton
  364 So. 2d 742· Fla. 3d DCA· 1978-10-03 ·cited 62×
  This consolidated appeal arose from a probate dispute involving Samuel Donner's estate. Ruth Jean Donner, Donner's second wife, sought to enforce a settlement agreement requiring Donner to leave her a $1 million bequest and to enter an antenuptial agreement with any future spouse
• Blount Bros. Constr. Co. v. The United States
  346 F.2d 962· Ct. Cl.· 1965-06-11 ·cited 59×
  The court held that the contract drawings and specifications did not clearly require the contractor to fill with concrete the areas where soil existed between the actual rock line and the basin slab, and therefore the contractor was entitled to recover the cost of that fill.
• Shore Inv. Co. v. Hotel Trinidad, Inc.
  158 Fla. 682· Fla.· 1947-04-01 ·cited 53×
  In this commercial lease dispute, the Florida Supreme Court reversed an equity court's injunction that had restrained a lessor from recovering possession after the lessee demolished the leasehold improvements without first executing a required construction contract. The court hel
• Kamen & Co. v. Paul H. Aschkar & Co.
  382 F.2d 689· 9th Cir.· 1967-07-07 ·cited 42×
  The court held that the plaintiff could not recover from the defendant brokerage firm based on ostensible authority because the plaintiff's knowledge of the unusual and rule-violating nature of the transactions should have put him on notice to inquire further into the agents' aut
• City OF Williston v. Cribbs
  82 So. 2d 150· Fla.· 1955-07-27 ·cited 38×
  In this wrongful death case, the Florida Supreme Court affirmed a jury verdict for a widow whose husband died after being electrocuted by uninsulated electrical wires while working on a roof. The court held that the jury properly rejected the city's defenses of contributory negli
• Hochfelder v. Midwest Stock Exch.
  503 F.2d 364· 7th Cir.· 1974-04-10 ·cited 37×
  The court held that the Midwest Stock Exchange did not breach its duty of self-regulation under the Securities Exchange Act of 1934 and therefore did not aid and abet the securities fraud perpetrated by Leston B. Nay.
• Space Corp. v. The United States
  470 F.2d 536· Ct. Cl.· 1972-12-12 ·cited 37×
  The court held that a contractor's failure to inquire about an obvious omission in contract documents, despite knowing it was missing, bars recovery for reformation or breach of contract.
• Hayden Townsend v. Lt. Col. Horace Zimmerman
  237 F.2d 376· 6th Cir.· 1956-10-25 ·cited 36×
  The court held that the appellant's oral notification of a change in status was sufficient to require the draft board to consider reopening his classification, and his failure to appeal within ten days of the initial reclassification did not constitute a waiver.
• Chatlos v. McPHERSON
  95 So. 2d 506· Fla.· 1957-05-29 ·cited 34×
  The court reversed a decree quieting title in favor of a grantee (McPherson) who derived title from a deed recorded after a judgment creditor's execution sale, finding the judgment creditor had superior title due to the timing of the judgment and execution relative to the deed's
• IN & FOR NEW Castle Cnty. Price Auto. Grp. & Royal Imports Toyota, Inc. v. C.A. No. 01C-06-165 JRS Ernst Dannemann
  Del. Super. Ct.· 2002-09-25 ·cited 31×
  The court held that a "best knowledge" warranty in a contract is interpreted as a warranty based on the warrantor's actual knowledge and does not impose a duty to investigate. Therefore, to recover for breach of such a warranty, the plaintiff must demonstrate the warrantor's actu
• Rafkind v. Beer
  426 So. 2d 1097· Fla. 3d DCA· 1983-02-01 ·cited 31×
  The court held that defendants had implied actual notice of other investors' interests due to circumstances suggesting inquiry, thus they could not claim priority under the recording statute.
• The Martin Lane Co., Inc. v. The United States
  432 F.2d 1013· Ct. Cl.· 1970-10-16 ·cited 28×
  The court held that a contractor's interpretation of a government contract is unreasonable if it selectively considers contract provisions and ignores others that clarify the meaning.
• Fred Meyer, Inc. v. Fed. Trade Comm'n
  359 F.2d 351· 9th Cir.· 1966-03-18 ·cited 28×
  The court held that Fred Meyer, Inc. violated Section 2(f) of the Clayton Act by inducing and receiving discriminatory prices and Section 5 of the FTC Act by inducing promotional aid, affirming the FTC's cease and desist order.
• Kendall v. Gore Props., Inc.
  236 F.2d 673· D.C. Cir.· 1956-06-14 ·cited 28×
  The court held that a landlord has a duty to exercise reasonable care in selecting and supervising employees sent into a tenant's apartment, and failure to do so can be grounds for negligence. The trial court erred in directing a verdict for the defendants.
• Alter v. Finesmith
  214 So. 2d 732· Fla. 3d DCA· 1968-10-15 ·cited 27×
  A real estate agent who conceals material facts and misrepresents purchase prices to joint adventurers, using their capital for his own benefit, breaches his fiduciary duty and must account for profits.
• Allen v. A.H. Robins Co., Inc.
  752 F.2d 1365· 9th Cir.· 1985-01-29 ·cited 26×
  The court held that the district court erred in granting summary judgment based on the statute of limitations, as genuine issues of material fact exist regarding fraudulent concealment and equitable estoppel.
• Colonial Stores Inc. v. Fed. Trade Comm'n
  450 F.2d 733· 5th Cir.· 1971-10-22 ·cited 26×
  The court held that a grocery chain's inducement of discriminatory advertising allowances from suppliers, even with written assurances from suppliers that such allowances were offered proportionally to competitors, constitutes a violation of the Robinson-Patman Act if the chain k
• Jefferson Constr. Co. OF Fla. v. The United States
  364 F.2d 420· Ct. Cl.· 1966-07-15 ·cited 26×
  The court held that the plaintiff contractor was not entitled to recover for increased costs due to borrow pit width discrepancies because the contract documents, read together, provided sufficient warning and data for the contractor to ascertain the potential for wider pits, thu
• Tufano Contracting Corp. & Anthony Grace & Sons, Inc. v. The United States
  356 F.2d 535· Ct. Cl.· 1966-02-18 ·cited 24×
  The court held that the specifications were not sufficiently clear to require the installation of blocking, and therefore, the plaintiffs were entitled to recover the costs incurred due to the government's demand for its installation.
• Est. of Levi T. Scofield v. Commissioner OF Internal Revenue
  266 F.2d 154· 6th Cir.· 1959-04-03 ·cited 24×
  The court held that the trustee was entitled to claim the loss as a deduction in 1948 because there were reasonable grounds to believe recovery was possible when litigation began, and the losses were only evidenced by closed and completed transactions upon conclusion of the legal
• McCAUSLAND v. Davis
  204 So. 2d 334· Fla. 2d DCA· 1967-09-20 ·cited 23×
  Davis, as trustee for Coastal Aviation, sought a declaration that her ownership of a Cessna Skyhawk was superior to McCausland's claim. The court held that McCausland had implied notice of adverse claims through recorded FAA documents and a chattel mortgage, even though he claime
• Buck v. McNAB
  139 So. 2d 734· Fla. 2d DCA· 1962-03-21 ·cited 23×
  Walter Buck purchased two vacant lots from William H. McNab, Sr. under a written contract in 1955, but McNab died before closing. The executor, McNab Jr., initially cooperated but later refused to convey the property, claiming the lots actually belonged to McNab Sr.'s minor grand
• W. W. Marshall and wife v. Hartman
  104 Fla. 143· Fla.· 1932-02-01 ·cited 23×
  Viola Hartman sought rescission of a real estate contract for property in Daytona Beach, claiming the seller W.W. Marshall falsely represented that the property had riparian rights when it did not. The Florida Supreme Court reversed the trial court's rescission decree, holding th
• Fed. Enters., Inc. v. Greyhound Leasing & Fin. Corp.
  786 F.2d 817· 8th Cir.· 1986-03-17 ·cited 22×
  The court held that the jury instructions were deficient because they failed to adequately inform the jury of the essential issues and governing law, particularly regarding agency and apparent authority.
• Gulf OIL Trading Co. v. M/V Caribe MAR (formerly M/V Fair Sky F)
  757 F.2d 743· 5th Cir.· 1985-04-19 ·cited 21×
  The court held that actual knowledge of a prohibition of lien clause bars a maritime lien, even after the 1971 amendment to the Maritime Lien Act, and that a party must have standing to bring an antitrust claim.
• Hochfelder v. Ernst & Ernst
  503 F.2d 1100· 7th Cir.· 1974-08-30 ·cited 21×
  Genuine issues of material fact exist regarding the adequacy of the accountants' audits and their compliance with professional standards, precluding summary judgment.
• Fortec Constructors v. The United States
  760 F.2d 1288· Fed. Cir.· 1985-04-30 ·cited 20×
  The court held that the contract was patently ambiguous regarding rebar placement, and the contractor's failure to seek clarification, coupled with trade practices, meant the government was not liable for an equitable adjustment.
• Life Ins. Co. OF Ga. v. Lopez
  443 So. 2d 947· Fla.· 1983-12-08 ·cited 18×
  The Florida Supreme Court held that an insurance company can be liable in tort to an insured when the company had actual notice that the policy beneficiary intended to murder the insured and failed to investigate. The court reversed the dismissal and remanded for trial, establish
• J. W. Bateson Co., Inc. v. The United States
  450 F.2d 896· Ct. Cl.· 1971-11-12 ·cited 18×
  The court held that the contract specifications, when reasonably interpreted by the contractor, called for mild steel, not corrosion-resistant steel, for the hoods in question.
• Union Ins. Exch. v. Gaul
  393 F.2d 151· 7th Cir.· 1968-03-21 ·cited 18×
  An insurer is estopped from rescinding a policy based on misrepresentations if it possessed sufficient facts that would have prompted a prudent insurer to make further inquiry, which would have revealed the falsity of the statements.
• Gelco Builders & Burjay Constr. Corp. v. The United States
  369 F.2d 992· Ct. Cl.· 1966-12-16 ·cited 18×
  The court held that the omission of 'supply ducts' in an addendum to contract specifications was an inadvertent error, and the original requirement to cover supply ducts remained in effect due to other referenced provisions and the overall context of the specifications.
• Natural Res., Inc. v. Wineberg
  349 F.2d 685· 9th Cir.· 1965-08-02 ·cited 18×
  A purchaser is deemed to have constructive notice of a prior unrecorded deed if the property is possessed by another, especially when signs indicate a possessory claim, thus precluding the purchaser from being considered a bona fide purchaser.
• Tampa Ship Repair & DRY Dock Co., Inc. v. Esso Exp. Corp.
  237 F.2d 506· 5th Cir.· 1956-10-24 ·cited 18×
  A supplier who furnishes necessaries to a vessel chartered under a demise charter is charged with knowledge of the charter's terms, including any prohibition on creating maritime liens, if they could have ascertained those terms through reasonable diligence.
• Northup v. Reese
  68 Fla. 451· Fla.· 1914-12-03 ·cited 18×
  The Florida Supreme Court reversed a lower court decision determining priority between two successive mortgages on the same property. The court held that an assignee of the first mortgage (Northup) has priority over an assignee of a second mortgage (Reese), despite an unauthorize
• Stevens v. Commissioner OF Internal Revenue
  872 F.2d 1499· 11th Cir.· 1989-05-17 ·cited 17×
  A spouse cannot claim innocent spouse relief if they had reason to know of substantial tax understatements, even if they were a homemaker who deferred to their spouse.
• Utica Mut. Ins. Co. v. Fireman's Fund Ins. Cos.
  748 F.2d 118· 2d Cir.· 1984-11-16 ·cited 17×
  The court held that Utica's delay in notifying Fireman's Fund of the loss, beyond a reasonable time after discovery of facts indicating misconduct and loss, barred recovery under the fidelity bond.
• Hwy. Prods., Inc. v. The United States
  530 F.2d 911· Ct. Cl.· 1976-01-28 ·cited 17×
  The court affirmed the trial judge's decision, holding that the plaintiff was not entitled to recover for alleged defects in the RFP technical package because the plaintiff failed to conduct a reasonable inquiry into obvious deficiencies before submitting its bid.
• Newsom v. The United States
  676 F.2d 647· Ct. Cl.· 1982-04-07 ·cited 16×
  The court held that a patent ambiguity in a government contract imposes a duty on the contractor to inquire of the contracting officer before bidding.
• Parker Precision Prods. Co. v. Metro. Life Ins. Co.
  407 F.2d 1070· 3d Cir.· 1969-02-28 ·cited 16×
  A life insurance policy procured by material misrepresentations, even if innocent, can be rescinded under New Jersey law, and the insurer's reliance on those misrepresentations is not negated by an independent investigation unless it exposes the falsity or creates a duty of furth
• Philip Marks in Bankr. of M & R Plastic Co. v. Goodyear Rubber Sundries, Inc.
  238 F.2d 533· 2d Cir.· 1956-11-13 ·cited 16×
  The court held that the defendant creditor had reasonable cause to believe the debtor was insolvent when merchandise was returned, making the transfer a voidable preference.
• Brownell v. Tide Water Associated Oil Co.
  121 F.2d 239· 1st Cir.· 1941-06-06 ·cited 16×
  The court held that there was insufficient evidence of actual or apparent authority in the defendant's employees to enter into the alleged contract, thus affirming the directed verdict for the defendant.
• USP Real Est. Inv. Tr. v. Disc. Auto Parts, Inc.
  570 So. 2d 386· Fla. 1st DCA· 1990-11-16 ·cited 14×
  USP Real Estate Investment Trust appeals from a judgment denying its attempt to pierce the corporate veil and hold Discount Auto Parts liable for a judgment against its wholly-owned subsidiary, Discount Auto Parts #90 North Florida. The court reversed, holding that Discount organ
• Price v. Commissioner OF Internal Revenue
  887 F.2d 959· 9th Cir.· 1989-10-18 ·cited 14×
  The court held that the tax court erred in applying an incorrect standard for the 'innocent spouse' provision, finding that the taxpayer did not have reason to know of the substantial understatement.
• Paschen Contractors, Inc. v. The United States
  418 F.2d 1360· Ct. Cl.· 1969-12-12 ·cited 14×
  The court held that the contract specifications clearly required insulation for all supply ducts, and the exception for return ducts did not apply to supply ducts in hung ceiling spaces. Therefore, Count I was dismissed.
• The First Pa. Banking & Tr. Co. v. The United States Life Ins. Co. IN the City OF NEW York
  421 F.2d 959· 3d Cir.· 1969-11-17 ·cited 14×
  The court held that the incontestability clause did not bar the insurer from asserting a defense regarding coverage, but reversed the summary judgment on waiver, finding that the issue of whether the insurer was put on notice to inquire further was a question of fact for a jury.
• Baum v. Morton Corn
  167 So. 2d 740· Fla. 2d DCA· 1964-10-02 ·cited 14×
  The Baums appealed a summary judgment that voided a mortgage they held on property titled to Irving Hoffman as trustee for LaBelle Realty Corporation. The court affirmed, holding that Hoffman, as trustee of a passive trust, lacked authority to encumber the trust property without
• Franklin Life Ins. Co. v. Bieniek
  312 F.2d 365· 3d Cir.· 1962-12-27 ·cited 14×
  The court held that the insurer's suit to void the policy was timely filed within the incontestability period, and that while an incomplete answer in the application waived the insurer's right to object to that specific answer, it did not waive the right to object to other materi