MOHAMMED FARUK
v.
MADISON ACQUISITIONS CORP.
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The absence of an express time for performance in a contract is not fatal to its enforceability; Florida law implies a reasonable time for performance when none is specified.
[1] When a contract does not expressly specify the time for performance, Florida law implies that performance shall occur within a reasonable time, and the absence of an expr…
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Join FLexlaw to unlock all legal intelligence“The general Florida rule is that when a contract does not expressly fix the time for performance of its terms, the law will imply a reasonable time.”
De Cespedes v. Bolanos, citation establishing the foundational rule for implied reasonable performance time
Mohammed Faruk appealed a decision from Miami-Dade County Court regarding a contract dispute with Madison Acquisitions Corp. The parties' contract lac…
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PER CURIAM.
Affirmed. See De Cespedes v. Bolanos, 711 So. 2d 216, 218 (Fla. 3d DCA 1998) (“The absence of a general time of performance, however, is not fatal to the enforceability of this contract. ‘The general Florida rule is that when a contract does not expressly fix the time for performance of its terms, the law will imply a reasonable time.’”); Indep. Mortg. & Fin., Inc. v. Deater, 814 So. 2d 1224, 1225 (Fla. 3d DCA 2002) (“Simply because a contract is unclear as to when payment must be made does not relieve a party of an obligation to make payment. Where an agreement does not specify the time for payment or provides for an indeterminate or indefinite time, the law implies that payment will be made within a reasonable time.”); cf. Vision Palm Springs, LLLP v. Michael Anthony Co., 272 So. 3d 441, 446-7 (Fla. 3d DCA 2019) (“Here, no settlement was finalized prior to Vision withdrawing its consent. While the parties engaged in preliminary negotiations, there was no enforceable settlement agreement because there was no assent by all of the parties to an agreement that was sufficiently specific and mutually agreeable as to every essential element. Coscan’s counsel maintained throughout the negotiations that the insurance carrier would need to sign off before any agreement could be finalized. Thus, Coscan did not agree to the last of the proposed changes to the Second Revised Agreement prior to Vision revoking its agreement to settle because the carrier still had not given its approval.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- de Cespedes v. Laida Bolanos, 711 So. 2d 216 (Fla. 3d DCA 1998)
- Indep. Mortg. & Fin., Inc. v. Deater, 814 So. 2d 1224 (Fla. 3d DCA 2002)
- Vision Palm Springs v. Coscan Palm Springs, 272 So. 3d 441 (Fla. 3d DCA 2019)