Ever been tempted to turn a contract dispute into a fraud case? Many litigants try to ‘add fraud’ to boost leverage or damages, but Florida law draws a hard line. Courts require more than a broken promise—fraud demands proof of intentional deception, not just a failed obligation.
Under Florida Statute § 768.72, punitive damages for fraud require a specific showing of deliberate misrepresentation. Rule 1.110(b) of the Florida Rules of Civil Procedure mandates that fraud allegations be pled with particularity. Vague claims or mere disappointment in a contract’s performance won’t cut it. Judges routinely dismiss fraud counts that lack clear, factual allegations, and may even sanction parties for frivolous filings.
The distinction matters: breach of contract is about enforcing agreed terms, while fraud is about punishing deceit. If you’re facing a contract dispute, don’t assume you can simply tack on a fraud claim. Build your case with the right evidence, understand the legal boundaries, and avoid costly mistakes. Our firm helps clients navigate these complexities every day.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
