Moses v. Autuono

Citations

• 56 Fla. 499

Syllabus

<p>1. Where a contract expressly provides stipulated or liquidated damages for a particular breach of the contract, and the breach alleged is not the one provided for or contemplated in fixing the measure of damages, the loss, if any, sustained by the plaintiff because of the alleged breach of the contract should be determined not by the stipulation contained in the contract, but by the law.</p> <p>2. Under a general allegation of damages in an action on a contract, such damages as the law holds to be the direct, natural and necessary result of the breach complained of may be recovered. Special damages are those that do not necessarily but do directly, naturally and proximately result from the beach, and they may be recovered in proper cases on sufficient allegations and proofs.</p> <p>3. For a breach of a contract to lease lands and tenements, the law contemplates compensation for losses that are the natural and proximate result of the breach. In general the measure of damages is the difference between the stipulated rent and the value of the use of the premises.</p> <p>4. In an action for a breach of a contract for the lease of lands and tenements, under special circumstances warranting it, damages may be recovered for losses that are the natural, direct and necessary consequences of the breach when such damages are capable of being estimated by reliable data and are such as should reasonably have been contemplated by the parties.</p> <p>S • When an action for breach of a contract to lease lands and tenements is brought, if the plaintiff by reasonable exertions or care could have prevented damages resulting to him by reason of the defendant’s breach of the contract, he cannot recover therefor.</p> <p>6. Where liquidated damages are stipulated for to compensate for failure to complete a contract, such liquidated damages may not be applicable where there is a refusal to perform any part of the contract, when it is apparent that the parties in stipulating for liquida