Jackson v. Shakespeare Foundation, Inc.

The Jacksons (defendants) advertised land for sale as containing no wetlands, despite having an analysis showing 25 percent wetlands. Shakespeare Foundation (plaintiff), relying on the ad, contracted to buy the property; the contract had a broad arbitration clause covering claims "arising out of or relating to" the transaction, an "as is" clause, and a clause limiting remedies. Shakespeare's own wetlands analysis found 26 percent wetlands, and it sued for fraudulent misrepresentation. The Jacksons moved to compel arbitration; the trial court agreed, but the Florida Court of Appeal reversed, finding the fraud claim outside the arbitration clause.