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Legal Memorandum: Determination of Illusory Contract in FL

Issue: Under Florida law, to determine whether a contract is illusory, how does a court determine mutuality of obligation?

Area of Law: Business Organizations & Contracts
Keywords: Illusory contract; Mutuality of obligation
Jurisdiction: Florida
Cited Cases: 463 So. 2d 437; 139 So. 2d 166
Cited Statutes: None
Date: 12/01/2010

Summary judgment may be granted only if the pleadings, discovery, and affidavits on file show that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Minn. R. Civ. P. 56.03; DLH, Inc. v. Russ, 566 N.W.2d 60, 70 (Minn. 1997).  A fact is material if its resolution will affect the outcome of a case, and a dispute is genuine if the evidence is such that a reasonable jury could return a verdict in favor of the non-moving party.  Valtakis v. Putnam, 504 N.W.2d 264, 266 (Minn. Ct. App. 1993); Petroskey v. Lommen, Nelson, Cole & Stageberg, P.A., 847 F. Supp. 1437, 1445 (D. Minn.), aff’d, 40 F.3d 278 (8th Cir. 1994).  If any doubt exists as to the existence of a material fact, that doubt must be resolved in favor of finding that a fact issue exists.  Rathbun v. W.T. Grant Co., 300 Minn. 223, 229, 219 N.W.2d 641, 646 (1974).      

On a motion for summary judgment, the court must view all of the evidence in the light most favorable to the non-moving party.  Hansen v. City of St. Paul, 298 Minn. 205, 206, 214 N.W.2d 346, 347 (1974).  In other words, the non-moving party gets the benefit of all favorable inferencesSee Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993).  Summary […]