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DePrince v. Starboard Cruise Services, Inc.

Court of Appeal of Florida

163 So.3d 586 (2015)

Relevant factsFree

Starboard's (defendant) onshore supplier quoted a price for a diamond that Starboard's shop manager mistakenly conveyed to DePrince (plaintiff) as the total price when it was actually the per-carat price, resulting in DePrince paying $235,000 for a diamond actually worth $4,850,400; after discovering the pricing error, Starboard refunded DePrince and refused to honor the sale, and DePrince sued for breach of contract, specific performance, and conversion, with the trial court granting Starboard summary judgment based on unilateral mistake.

IssueFree

Whether a defense of unilateral mistake to a breach-of-contract claim requires evidence that the breaching party did not act negligently or with undue care.

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