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Essence Provisions Contract Clauses Essay Questions

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Answer one of the questions below by researching relevant Florida cases. Your essay must include citations to at least three Florida cases for each part. Citations should be in a format similar to how cases are cited in the book, for example: Smith v. Jones, 234 So.2d 405 (Fla. 1985). When citing cases, make sure that you explain what happened in the case regarding the specific topic you are researching. You may briefly explain the facts of the case, but focus on the issue, how the court analyzed the issue, and the court’s conclusion. Failure to cite at least three cases will result in a zero for the assignment. Your answers to the questions below must be fully supported by case law. Essay length should be at least one page to fully answer the question. Double space your work.Choose either Question 1 or Question 2.

Question 1: Explain the concept of “time is of the essence” with regards to a real estate contract’s closing date. Explain what happens if the contract states “time is of the essence” and the closing date is missed and what happens if “time is of the essence” does not appear in the contract and the closing date is missed.

Question 2: Explain the concept of “statute of limitations”. How long is the statute of limitations in Florida to file a case alleging breach of contract? When does the statute of limitations begin to run? What does tolling mean and what if anything can toll the statute of limitations? And what generally happens if a case is filed after the statute of limitations expires?

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