Customer Reviews

Elements of Florida Civil Causes of Action and Defenses

5 star:		(1)
4 star:		(0)
3 star:		(0)
2 star:		(0)
1 star:		(0)

 

 

In the course of drafting complaints, Florida attorney Arthur L. Berger found himself researching the elements of various causes of action and saving the results in a file marked "Elements." He noticed that he kept referring to the file over and over, making him wonder if the material ought to be compiled into a book and made available to other Florida litigators. The result of that compilation is "Elements of Florida Civil Causes of Action and Defenses," now in its second edition.
The book lists, in alphabetical order, well over 100 causes of action recognized in Florida. Under each cause of action, the elements are enumerated for each DCA [District Court of Appeal] with citations to case law from that DCA. Also listed are defenses to the cause of action, related issues, and references. The book is the result of over 3,000 hours of research and the pay-off is enormous.
The author claims that he uses the book himself in preparing complaints and in considering what alternative causes of action can be asserted in a complaint. "The various causes of action are the arsenal of the litigator," Berger claims. "With a list of the elements of the cause of action, a skilled attorney can efficiently prepare a complaint that will withstand a motion to dismiss." From a librarian's perspective, the book provides the perfect answer to so many types of reference questions we hear from litigators: "What are the elements of fraudulent misrepresentation?" "What are the defenses to an action for tortious interference with a contractual relationship?" "Are the elements for negligent hiring the same in all DCA's?" The answers are all here, in a format so convient and so organized that it warms a librarian's heart.
The book is published by the author and is an excellent investment. If your library does not have a copy, run don't walk and buy one. If you already have it, by another--one to circulate and one to keep in your office under lock and key.
[Reprinted from the SFALL Newsletter, Winter 2002, a quarterly publication of the South Florida Association of Law Libraries; NOTE: The SFALL Newsletter did not rate the book 1 to 5 stars. The "5 star rating" was added, and was necessary to post this review since all blanks in the book review form must be filled in to post a review.]