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Is punitive damages under 768.72/73 applicable to Breach of

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Is punitive damages under 768.72/73 applicable to Breach of Contract, Conversion and Unjust Enrichment. I know it's not for Civil Theft, and these other two are theft issues, but I couldn't find something quickly in the statutes to clear that up.

RayAnswers :

Thanks for your follow up question.

RayAnswers :

The 768.72 only restricts punitive damages to claims under that statute.

Customer:

No, thank you. The weekend isn't even here, yet.

RayAnswers :

It does not prohibit punitive damages for other types of claims like conversion, breach of contract, etc.

RayAnswers :

So here if you have other claims then certainly you can seek punitive claims if you prevail on them at hearing on the merits such as conversion, etc.

RayAnswers :

The court may well award you not only actual damages here but punitive if appropriate as well.

Customer:

The operative elements of 768.72 (a) is "intentional misconduct" and (b) "gross negligence", so as long as those elements are proven within Conversion, Unjust Enrichment and Breach of Contract damages, then they can be sought, yes?

RayAnswers :

You would have a different claim here for say breach of contract not under this particular statute.As long as you plead something else here you can seek punitive damages.

RayAnswers :

Here is good reference to the subject of damages.

Customer:

Understood. Got it. Thank you. (Michael)

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