Navigating legal disputes can be complex and overwhelming.
Whether you’re facing a contract breach, fraudulent actions, or other legal challenges, it’s essential to understand the legal principles that apply to your case.
Below, we outline common causes of action in Florida litigation, each with a brief explanation of its implications.
This occurs when legal process is used against someone in an improper manner to accomplish a purpose for which it was not designed. It requires a willful act in the use of the process that is not proper in the regular conduct of the proceeding.
An agreement between parties who have had previous transactions, acknowledging that a certain balance is accurate and due. It implies a promise by the debtor to pay that amount.
An intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear that such violence is imminent.
The intentional touching or striking of another person against their will, or intentionally causing bodily harm to another person.
Occurs when a party fails to perform any term of a contract without a legitimate legal excuse. This can include not completing a job, not paying in full or on time, failing to deliver goods, or any act that shows the party will not complete the work.
Involves a situation where one party owes a duty to act in the best interest of another and fails to do so. This breach can occur in relationships such as trustee-beneficiary, attorney-client, or corporate officer-shareholder.
An agreement between two or more parties to commit an unlawful act or to use unlawful means to achieve an otherwise lawful result. All parties involved must have a common purpose and intent to commit the act.
The unlawful taking of someone else’s property with the intent to, either temporarily or permanently, deprive the person of a right to the property or a benefit from the property. It is a civil action that parallels the criminal offense of theft.
An unauthorized act that deprives an owner of personal property without their consent. It involves taking or using someone’s property in a way that is inconsistent with their rights.
A legal determination by the court that resolves legal uncertainty for the parties. It declares the rights, duties, or obligations of each party in a dispute.
A false statement presented as a fact that injures a party’s reputation. Libel refers to written defamation, while slander refers to oral defamation.
The unlawful restraint of a person against their will by someone without legal authority or justification. It involves restricting another person’s freedom of movement.
Intentional deception made for personal gain or to damage another individual. It involves a false representation of a material fact, known to be false, made with the intent to induce another to act, resulting in injury.
A court order requiring a party to do or refrain from doing specific acts. It is a remedy that prevents future harm rather than compensating for past harm.
Occurs when one acts in an extreme and outrageous manner that intentionally or recklessly causes severe emotional distress to another. The conduct must go beyond all bounds of decency.
The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. It involves harm caused by carelessness, not intentional harm.
Providing false information without reasonable care or competence in obtaining or communicating information, leading to another party’s detriment. It differs from fraud in that it doesn’t require intent to deceive.
Intentionally and improperly interfering with the performance of a contract between another and a third person by inducing or otherwise causing the third person not to perform the contract.
Occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. It requires restitution to the party who conferred the benefit.
A legal action brought when someone dies due to the legal fault of another person or entity. It allows the estate or those close to the deceased to file a lawsuit against the party legally liable for the death.
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