” Butterworth v. Quick & Reilly, Inc., 998 F.Supp. 1404, 1410 (M.D. Fla. 1998) (citations omitted).
The same elements must be proven to prevail on a negligent misrepresentation claim except that knowledge need not be established. See, e.g., Butterworth v. Quick & Reilly, Inc., 998 F. Supp. 1404, 1411 (M.D. Fla. 1998). We find that Marlite has presented sufficient evidence on these claims to withstand the motion for summary judgment.
Causes of action for fraud, fraudulent misrepresentation, fraudulent inducement and fraudulent concealment have identical elements, which are: (1) false statement of material fact or suppression of truth by the defendant; (2) the defendant knew or should have known the statement was false, or made the statement without knowledge as to truth or falsity; (3) the defendant intended the false statement or omission induce the plaintiff's reliance; and (4) the plaintiff justifiably relied to his detriment.See Equity Lifestyle Props., Inc v. Fla. Mowing Landscape Serv., Inc., 556 F.3d 1232, 1240 n. 13 (11th Cir. 2009); Roberts v. Rayonier, Inc., 135 F. App'x 351, 362 n. 8 (11th Cir. 2005) (per curiam) (quoting Butterworth v. Quick Reilly, Inc., 998 F. Supp. 1404, 1410 (M.D. Fla. 1998)); Michaud v. Seidler, No. 08-80288-CIV-RYSKAMP/VITUNAC, 2008 U.S. Dist. LEXIS 95945, at *4-5 (S.D. Fla. Nov. 17, 2008) (quotingWebb v. Kirkland, 899 So.2d 344; 346 (Fla.Dist.Ct.App. 2005)); Livingston v. H.I. Family Suites, Inc., No. 6:05-cv-860-Orl-19KRS, 2006 U.S. Dist. LEXIS 31895, at *20-21 (M.D. Fla. May 22, 2006) (citing Albertson v. Richardson-Merrell, Inc., 441 So. 2d 1146, 1149-50 (Fla. Dist. Ct. App. 1983) (per curiam));Mickens v. Tenth Judicial Circuit, 181 F. App'x 865, 876-77 (11th Cir. 2006) (per curiam) (citing Simon v.Celebration Co., 883 So. 2d 826, 832 (Fla.Dist.Ct.App. 2004)).
The elements are the same for a claim of negligent misrepresentation, except that the element of knowledge is not required to establish scienter. Butterworth v. Quick Reilly, 998 F.Supp. 1404, 1411 (M.D. Fla. 1998). Although Willmar makes several arguments as to why Counts V and VI of the Amended Complaint should be dismissed, the second of these arguments is dispositive, and so the Court need not consider the others.
In order for a breach of contract claim to survive a Rule 12(b)(6) motion, a plaintiff must allege the existence of a valid contract, a material breach, and damages. Butterworth v. Quick Reilly, 998 F. Supp. 1404, 1410 (M.D. Fla. 1998). With regard to each defendant, Plaintiff has sufficiently identified and pled that a contract was formed, that the defendants breached those contracts, and that the breach caused Plaintiff damages. The Court rejects Defendant Interlachen's argument that Plaintiff's failure to allege that it had knowledge of any wrongdoing is fatal to its claim because Interlachen's knowledge is irrelevant at this time.
BREACH OF CONTRACT Defendants seek to dismiss Count I of the Plaintiff's Amended Complaint under Fed.R.Civ.P. 12(b)(6). The necessary elements to recover for a breach of contract claim in Florida are: (1) the existence of a contract; (2) a breach thereof; and (3) damages flowing from the breach. Butterworth v. Quick Reilly, 998 F. Supp. 1404, 1410 (M.D. Fla. 1998).
The necessary elements to recover for a breach of contract claim in Florida are: (1) the existence of a contract; (2) a breach thereof; and (3) damages flowing from the breach.Butterworth v. Quick Reilly, Inc., 998 F.Supp. 1404 (M.D. Fla. 1998), citing Knowles v.C.I.T. Corp., 346 So.2d 1042 (Fla. 1st DCA 1977). However, the pleading must be sufficient to give the defendant fair notice of what the claim is and the grounds upon which it rests.
The necessary elements to recover for a breach of contract claim in Florida are: (1) the existence of a contract; (2) a breach thereof; and (3) damages flowing from the breach.Butterworth v. Quick Reilly, Inc., 998 F.Supp. 1404 (M.D. Fla. 1998), citing Knowles v. C.I.T. Corp., 346 So.2d 1042 (Fla. 1st DCA 1977). However, the pleading must be sufficient to give the defendant fair notice of what the claim is and the grounds upon which it rests.
The necessary elements to recover for a breach of contract claim in Florida are: (1) the existence of a contract; (2) a breach thereof; and (3) damages flowing from the breach.Butterworth v. Quick Reilly, Inc., 998 F.Supp. 1404 (M.D. Fla. 1998), citing Knowles v. C.I.T. Corp., 346 So.2d 1042 (Fla. 1st DCA 1977). However, the pleading must be sufficient to give the defendant fair notice of what the claim is and the grounds upon which it rests.
The requirement of a false statement includes material misrepresentations or omissions of fact. See Butterworth v. Quick Reilly, Inc., 998 F. Supp. 1404 (M.D.Fla. 1998) (emphasis added). Defendant's omission of the August 1992 letter amounts to a false statement of material fact.