disclaimer clause in Florida

2016While the Florida Supreme Court held that the disclaimer clause in Oceanic Villas did not negate the fraud claim in that case, it nevertheless validated some disclaimer clauses where the parties manifest the intent to render the contract “incontestable ... on account of fraud.” Oceanic Villas, 4 So.2d at 690 .

1995Jacksonville Port Auth., 362 So.2d at 1012 (citing United States v. Atlantic Dredging Co., 253 U.S. 1 , 40 S.Ct. 423 , 64 L.Ed. 735 (1920)); Miami-Dade Water & Sewer Auth. v. Inman, Inc., 402 So.2d 1277 (Fla. 3d DCA 1981), rev. denied, 412 So.2d 466 (Fla. 1982).

1995Jacksonville Port Auth., 362 So.2d at 1012 (citing United States v. Atlantic Dredging Co., 253 U.S. 1 , 40 S.Ct. 423 , 64 L.Ed. 735 (1920)); Miami-Dade Water & Sewer Auth. v. Inman, Inc., 402 So.2d 1277 (Fla. 3d DCA 1981), rev. denied, 412 So.2d 466 (Fla. 1982).

1995Jacksonville Port Auth., 362 So.2d at 1012 (citing United States v. Atlantic Dredging Co., 253 U.S. 1 , 40 S.Ct. 423 , 64 L.Ed. 735 (1920)); Miami-Dade Water & Sewer Auth. v. Inman, Inc., 402 So.2d 1277 (Fla. 3d DCA 1981), rev. denied, 412 So.2d 466 (Fla. 1982).

1995Jacksonville Port Auth., 362 So.2d at 1012 (citing United States v. Atlantic Dredging Co., 253 U.S. 1 , 40 S.Ct. 423 , 64 L.Ed. 735 (1920)); Miami-Dade Water & Sewer Auth. v. Inman, Inc., 402 So.2d 1277 (Fla. 3d DCA 1981), rev. denied, 412 So.2d 466 (Fla. 1982).

1988Although the court specifically found that the disclaimer clause failed "for the lack of conspicuousness ..." ( 262 So.2d at 454 ), further discussion in the opinion emphasizes the necessity for use of the word "merchantability" in order to effectively exclude an implied warranty of merchantability.

1974It is, accordingly, “ORDERED that the petitioners, Barbara Abrams, David Stein, Arthur Stein, and Violet Stark, by their unqualified disclaimer of any interest in this Will are thereby precluded from receiving the bequests set forth in ARTICLE II of the Will.” We believe the reasons supporting the concept of a “qualified” renunciation are set out very aptly in Estate of Wood v. Chowning, Fla.App.1972, 271 So.2d 42 , where the court said: “ . a qualified renunciation [is] ... a necessary element in a petition for revocation. [It] protects the estate, prevents the attacker of the will from ‘havi

1968In the case of Corneli Seed Co. v. Ferguson, Fla. 1953, 64 So.2d 162 , cited by defendant, the court had before it the question of the effect of a disclaimer clause in a contract between a seed merchant and a farmer who had purchased seed represented to him to be that of "black diamond" watermelons.