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ProveMyFloridaCase.com > Posts tagged "unjust enrichment"

Economic Damages Must be Based on Competent Substantial Evidence

Economic damages must be supported by substantial competent evidence.  Stated differently, economic damages cannot be speculative and the amount of the damages must be quantifiable.  Putting on speculative, unquantifiable damages at trial can be fatal to a claim because damages should be the most important part of a claim.  If damages cannot be proven, there is no claim, so making sure damages can be supported with competent substantial evidence is beyond important. The recent decision of Alvarez v. All Star Boxing, Inc., 43 Fla.L.Weekly D2102a (Fla. 3d DCA 2018) establishes what can happen if a party puts on speculative damages.  This...

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You Can’t Sue Someone for Unjust Enrichment when there is a Contract

You cannot sue someone for unjust enrichment (or quantum meruit) if there is a contract between the parties.  You can sue them for breach of contract; but you cannot try to circumvent the parameters of the contract by suing them for unjust enrichment (an equitable quasi-contract theory of liability).   For example, in Sterling Breeze Owners' Association, Inc. v. New Sterling Resorts, LLC, 43 Fla.L.Weekly D2040c (Fla. 1st DCA 2018), a condominium association sued the developer for, among other claims, unjust enrichment.  The claim stemmed from the fact that the developer (in developing the condominium) reserved in the condominium documents ground...

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