By BOSPA payday loan
Negligence action against an individual exists independent of, and is not limited to, contractual provisions which attempt to limit liability.
A facial, or per se, takings claims is ripe (and the statute of limitations begins to run) only when the taking has deprived the owner of all beneficial use of the property. An as applied takings claim is ripe (and the statute of limitations begins to run) when all governmental applications, including appeals, have been denied.
A conclusory allegation in a mortgage foreclosure that plaintiff has complied with all conditions precedent is not sufficient to overcome a specific affirmative defense that insufficient notice to accelerate has been given, even if the affidavit in support of summary judgment repeats the (conclusory) allegations of the complaint.
A cause of action for an account stated is based on an implied agreement for a fixed amount and to pay the amount. Unlike a cause of action for open account, an action for account stated does not require attachment of an itemized statement of charges.
A prospective buyer who is not given the homeownersâ€™ association disclosure under Fla. Stat. Â§ 720.401 is entitled to cancel the sales contract, irrespective of whether the â€śsellerâ€ť is the owner, builder, or developer, or is not even the owner of the real property at the time of contract.
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