INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS OF MIAMI BEACH, INC., APPELLANT,

v.

NATHANIEL AMBERS AND EMMA AMBERS, APPELLEES

Citator

Cited By (12 total)

• Ciba-Geigy Ltd. v. The Fish Peddler, Inc., 691 So. 2d 1111 (Fla. 4th DCA 1997)
  …rformance where, as here, the contract was simply to provide a certain quantity and quality of product. See Holly Hill Fruit Prods. Co. v. Bob Staton, Inc., 275 So. 2d 583 (Fla. 2d DCA 1973); see also Valencia Ctr., Inc. v. Publix Super Mkts., Inc., 464 So. 2d 1267 (Fla. 3d DCA 1985)(discussing doctrines of frustration of commercial purpose and impossibility of performance). In any event Lango-Taura could show that its shrimp were killed by causes unrelated to its own negligence without having to prove the exa…
• Fla. Dep't of Fin. Servs. v. Freeman, 921 So. 2d 598 (Fla. 2006)
  …reasonably have been foreseen by the promisor at the creation of the contract.”). Nor does the doctrine “excuse performance that is not impossible but merely inconvenient, profitless, and expensive.” Valencia Ctr., Inc. v. Publix Super Mkts., Inc., 464 So. 2d 1267, 1269 (Fla. 3d DCA 1985). The words used in Olive to describe its exception to freedom of contract — “unusual,” “extraordinary,” “confiscatory” — also imply a requirement of unforeseeability. The word “confiscatory” is particularly instructive. To…
• Home Design Center-Joint Venture v. Cnty. Appliances OF Naples, Inc., 563 So. 2d 767 (Fla. 2d DCA 1990)
  …der application of the doctrine of commercial frustration, the defense is not available concerning difficulties which could reasonably have been foreseen by the promisor at the creation of the contract. Valencia Center, Inc. v. Publix Super Markets, 464 So. 2d 1267 (Fla. 3d DCA), review denied, 475 So. 2d 696 (Fla.1985); 6 A. Corbin, Contracts § 1333 (1962); 17A C.J.S. Contracts § 463(2)(b) (1963). Although County Appliances may not have anticipated future problems with its insurance company or with its floor…

Authorities Cited

• Blue v. Weinstein, 381 So. 2d 308 (Fla. 3d DCA 1980)
• Concord Shopping Ctr., Inc. v. Litowitz, 183 So. 2d 562 (Fla. 3d DCA 1966)
• Concord Shopping Ctr. v. Litowitz, 188 So. 2d 821 (Fla. 1966)
• Edgar v. Quality Roofing Tile Co., 188 So. 2d 821 (Fla. 1966)