Poole v. Crabtree

1 Citing case

  1. Amoco Oil Company v. Gomez

    125 F. Supp. 2d 492 (S.D. Fla. 2000)   Cited 21 times
    Finding the defendant had alternative course of action where the defendant claimed that she entered into a marketing and lease agreement with the plaintiff under economic duress because the plaintiff would not have otherwise repaired defective gas pumps; the defendant could have brought legal claims against the plaintiff for failing to repair the pumps as required under an existing lease agreement between the parties

    Florida courts are clear that, in order to find a waiver of the fraud claim, the defrauded party must have actual or imputed knowledge of the facts constituting the alleged fraud at the time the subsequent agreement is made. See Poole v. Crabtree, 566 So.2d 597, 598 (Fla. 5th DCA 1990) (holding that plaintiff did not waive fraud claim where she did not know of facts that gave rise to the fraud at the time she entered into novation). In Coral Gables Imported Motorcars, 673 F.2d 1234 (11th Cir. 1982), the court disposed of the plaintiff's fraud claim because the plaintiff executed a subsequent franchise agreement with the defendant after the first contract between the parties had expired.