Illusory Promise

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

• Johnson Enters. OF Jacksonville, Inc. v. FPL Grp., Inc.
  162 F.3d 1290· 11th Cir.· 1998-12-18 ·cited 104×
  Johnson Enterprises of Jacksonville, Inc. (JEJ) sued Telesat Cablevision, Inc., FPL Group, Inc., and FPL Group Capital, Inc. for breach of contract, fraud, RICO violations, and various tort claims arising from a cable television construction contract dispute. JEJ alleged that Tel
• Roth Steel Prods. v. Sharon Steel Corp.
  705 F.2d 134· 6th Cir.· 1983-04-08 ·cited 37×
  The court held that the adequacy of notice of breach is a mixed question of fact and law, reviewed for correct legal standard and substantial evidence.
• Bev. Distribs., Inc. v. Olympia Brewing Co.
  440 F.2d 21· 9th Cir.· 1971-03-01 ·cited 34×
  The court affirmed the jury's verdict and the trial court's denial of post-trial motions, finding no reversible error in the application of antitrust law or the jury's factual determinations.
• Torncello v. The United States
  681 F.2d 756· Ct. Cl.· 1982-06-16 ·cited 31×
• Harvey v. Lake Buena Vista Resort, LLC
  568 F. Supp. 2d 1354· M.D. Fla.· 2008-04-22 ·cited 26×
  The court held that the broad force majeure clause in the purchase agreement rendered the seller's obligation to complete the condominium within two years illusory, thus the Interstate Land Sales Full Disclosure Act exemption did not apply, entitling the plaintiffs to summary jud
• Main Line Theatres, Inc. v. Paramount Film Distrib. Corp.
  298 F.2d 801· 3d Cir.· 1962-01-16 ·cited 26×
  The court held that there was no meeting of the minds and thus no final settlement agreement because the plaintiffs never agreed to the objectionable clause in the release.
• Armistead v. Vernitron Corp.
  944 F.2d 1287· 6th Cir.· 1991-09-24 ·cited 24×
  The court held that Vernitron wrongfully failed to provide retiree health and life insurance benefits, violating the collective bargaining agreement and retirement benefit plan.
• Allington Towers N., Inc. v. Rubin
  400 So. 2d 86· Fla. 4th DCA· 1981-06-03 ·cited 16×
  A seller appealed a judgment awarding specific performance of a condo purchase agreement to a buyer who had secured an addendum granting an absolute right to cancel before closing. The Fourth District Court of Appeal reversed, finding the contract lacked the required mutuality of
• Mason v. The United States
  615 F.2d 1343· Ct. Cl.· 1980-02-20 ·cited 16×
  The court held that the term contracts were indefinite quantities contracts, not requirements contracts, and therefore the government's awarding of work to other contractors did not constitute a breach.
• Laclede GAS Co. v. Amoco OIL Co.
  522 F.2d 33· 8th Cir.· 1975-07-10 ·cited 16×
  A contract is not invalid for lack of mutuality simply because one party has a right to cancel while the other does not, provided the cancellation right is not arbitrary. Specific performance may be granted for personalty if the remedy at law is inadequate.
• Sylvan Crest Sand & Gravel Co. v. United States
  150 F.2d 642· 2d Cir.· 1945-07-30 ·cited 12×
  The court held that the government's reservation of an unrestricted power of cancellation did not render the contract illusory, as it implied a promise to accept or cancel within a reasonable time, providing sufficient consideration.
• Off. Pavilion S. Fla., Inc. v. Asal Prods., Inc.
  849 So. 2d 367· Fla. 4th DCA· 2003-05-21 ·cited 10×
  Office Pavilion appeals a jury verdict awarding ASAL Products $4 million for breach of a contract to supply Herman Miller Aeron chairs. The appellate court reversed, holding that the chair contract was unenforceable because it lacked consideration and an essential quantity term.
• Maszewski v. Piskadlo
  318 So. 2d 226· Fla. 2d DCA· 1975-07-25 ·cited 10×
  An 83-year-old woman sought to enforce a 1970 agreement granting her the right to reside in a house owned by a 79-year-old widower who held a life estate. The Florida appellate court affirmed the trial court's judgment that the agreement was unenforceable due to lack of mutuality
• Bender v. Hearst Corp.
  263 F.2d 360· 2d Cir.· 1959-02-11 ·cited 10×
  A third party who induces a supplier to breach an exclusive distributorship contract, knowing of the contract and appropriating the distributor's profits, is liable for tortious interference, and the sale of a profitable business to achieve this is not privileged.
• Stevens v. G. L. Rugo & Sons, Inc.
  209 F.2d 135· 1st Cir.· 1953-12-17 ·cited 10×
  The court held that the trial court erred in granting a directed verdict for the defendant, as the plaintiff presented sufficient evidence for a jury to find that his discharge was not justified under a reasonable interpretation of 'permanent' employment and the satisfaction clau
• City OF S. Miami v. Dembinsky
  423 So. 2d 988· Fla. 3d DCA· 1982-12-28 ·cited 9×
  A former South Miami police officer challenged the enforceability of a Cost of Training Agreement requiring him to reimburse the city for police academy expenses if he voluntarily left within two years. The court held that the city's continued employment of Dembinsky, despite its
• Hull v. Norcom, Inc.
  750 F.2d 1547· 11th Cir.· 1985-01-24 ·cited 8×
  The dissenting judge believes the arbitration clause should be enforced, arguing that a proper interpretation of the contract under New York law would not render the arbitration clause invalid due to lack of mutuality.
• OneSource Facility Servs., Inc. v. Mosbach
  508 F. Supp. 2d 1115· M.D. Fla.· 2007-04-05 ·cited 7×
  The court granted summary judgment for OneSource on claims related to MIC bonuses, finding no contractual right, but denied summary judgment on the claim for a 2003 salary raise due to a genuine issue of material fact.
• Rosenberg v. Lawrence
  541 So. 2d 1204· Fla. 3d DCA· 1988-12-13 ·cited 7×
  The court held that the 1982 modification rendered the parents' promises to pay for their son's expenses illusory because payment was contingent on consent, thus the father was not obligated to reimburse the mother.
• Pearson v. John Hancock Mut. Life Ins. Co.
  979 F.2d 254· 1st Cir.· 1992-11-10 ·cited 6×
  A personnel manual does not constitute a binding contract for rehire if it lacks essential contract formation elements under Massachusetts law, particularly when employment is at-will.
• Lawrence v. Comprehensive Bus. Servs. Co. & Comprehensive Acct. Corp.
  833 F.2d 1159· 5th Cir.· 1987-12-15 ·cited 6×
  A claim of illegality of the entire contract, even if pervasive, is subject to arbitration under the Federal Arbitration Act, unless the claim directly attacks the making of the arbitration clause itself.
• Local 3-7 v. DAW Forest Prods. Co.
  833 F.2d 789· 9th Cir.· 1987-11-30 ·cited 6×
  The dissenting judge would affirm the district court's decision, finding that the district court correctly interpreted the agreement and made no clearly erroneous factual findings.
• E. Transp. Co. v. Blue Ridge Coal Corp.
  159 F.2d 642· 2d Cir.· 1947-02-03 ·cited 6×
  The court held that the parties' conduct and established monthly programs created a binding contract, despite the initial wording of the agreement.
• Rohde v. Mass. Mut. Life Ins. Co.
  632 F.2d 667· 6th Cir.· 1980-10-13 ·cited 4×
  An insurance company's bad faith determination that an applicant was uninsurable, when that determination was a condition precedent to liability, excuses the nonoccurrence of the condition, making the policy effective as of the applicant's death.
• United States v. Am. Renaissance Lines, Inc.
  494 F.2d 1059· D.C. Cir.· 1974-02-27 ·cited 4×
  An oral agreement for charter of a ship is insufficient to allow the government to recover damages for breach of contract because applicable statutes and regulations require a written agreement.
• The City OF Hastings v. Kansas-Nebraska Natural GAS Co., Inc.
  226 F.2d 419· 8th Cir.· 1955-11-01 ·cited 4×
  The court held that the City was obligated to pay for gas used in its power plant under a separate contract, and that interest was properly awarded from the due date of each payment.
• Liork, LLC v. Bh 150 Second Ave., LLC
  241 So. 3d 920· Fla. 3d DCA· 2018-02-21 ·cited 3×
  A subscription agreement for investment in a real estate development venture is enforceable despite retention of rights by the company, as it is not a bilateral direct purchase agreement where one party's promise would be illusory. The liquidated damages clause is valid because d
• Pilato v. Edge Invs., L.P.
  609 F. Supp. 2d 1301· S.D. Fla.· 2009-03-30 ·cited 3×
  The court held that the contract's force majeure clause and sales quota clause did not violate the Interstate Land Sales Full Disclosure Act (ILSA), thus exempting the sale from ILSA requirements. However, the court found that the plaintiffs stated a claim for violation of Florid
• Vila & SON Landscaping Corp. v. Posen Constr., Inc.
  99 So. 3d 563· Fla. 2d DCA· 2012-09-19 ·cited 2×
  Vila & Son Landscaping sued Posen Construction for wrongful termination of a subcontract, claiming Posen breached the contract by terminating it for convenience solely to obtain cheaper labor. The Florida appellate court reversed the trial court's order granting a new trial and d
• Lauren, Inc. v. Marc & Melfa, Inc.
  446 So. 2d 1138· Fla. 3d DCA· 1984-03-13 ·cited 2×
  A contract is not unenforceable for lack of consideration if the termination clause, though granting an option to cancel, is limited by specific conditions or objective standards.
• Ford v. Int'l Harvester Co.
  399 F.2d 749· 9th Cir.· 1968-08-27 ·cited 2×
  The court held that an action for breach of an oral contract accrues at the date of the breach, not when damages are discovered or fully realized, and is barred by the statute of limitations if not filed within three years of the initial breach.
• Presidio, Inc. v. Feeny
  Fla. 4th DCA· 2024-02-07
  A performance bonus plan is discretionary and not an enforceable contract when it contains language conditioning payment on company performance, lacks indication it was intended as part of the employment agreement, and reserves the employer's right to modify the plan, even if the
• Britt v. IEC Corp.
  S.D. Fla.· 2022-08-16
  Former students Kareem Britt and Sharon Henry sought to challenge a federal court's order compelling them to arbitration rather than pursue their lawsuit against Florida Career College, but the court rejected both their motion for reconsideration and their motion to certify the o
• IN & FOR NEW Castle Cnty. Alan Vituli
  Del. Super. Ct.· 2015-05-01
  The court denied summary judgment on the plaintiff's claims for severance pay and a bonus related to the second objective, finding genuine issues of material fact regarding breach of contract and fraud. However, summary judgment was granted for the defendant Carrols on claims for
• Alonso v. Ocean Bank
  43 So. 3d 170· Fla. 4th DCA· 2010-09-08
  In this foreclosure appeal, Armando Alonso and Michael Cease challenged summary judgment in favor of Ocean Bank on a $14.5 million (later $16.35 million) loan to Laurel Gardens, LLC that went into default when the borrower failed to pay the principal balance due on the maturity d
• Encore Glass, Inc. v. Anchor Glass Container Corp. (In Re Anchor Glass Container Corp.)
  345 B.R. 765· M.D. Fla.· 2006-07-21
  The court held that the bankruptcy court correctly determined the Amended Agreement was an unenforceable indefinite quantity supply contract and that Anchor's performance was excused due to impossibility after the Lavington Plant was sold.
• ALL Line, Inc. v. Rabar Corp.
  919 F.2d 475· 7th Cir.· 1990-12-04
  The court held that damages for breach of a terminable-at-will contract are limited to pre-termination losses, and future lost profits are not recoverable. Interest on past-due invoices was properly awarded.