Johnson V. Davis Case Summary

1. Review the scenario

2. Independently research the case of Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). You can find the case by searching for the case name and citation in an Internet search engine.

3. In a new Microsoft Word document, describe whether the decisions cited in the case were mandatory or persuasive for the Florida Supreme Court.

The decisions cited in the case were both mandatory and persuasive. In deciding that the Johnson’s statement constituted fraudulent misrepresentation, they went by Florida’s law of fraudulent misrepresentation. This decision was mandatory, because it was a primary authority. However, making various decisions based on other court cases was persuasive, because the decisions were not from a higher court in the same

List any secondary authority cited in the case.

The Florida Supreme Court did not cite any secondary authority in this case. Although it can be assumed that The Florida Supreme Court researched a treatise providing an overview of tort law regarding liability for nonfeasance.

6. Assume the Coles' case is located in your state. Would the Johnson case be mandatory or persuasive, primary or secondary authority in the Coles' case? Why?

The Johnson case would be a primary authority, because it set a precedent for other courts to follow. However, it would not be mandatory, because it was not a court in the same jurisdiction.

7. Independently find one case that cites Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).

In the Supreme Court of Florida case no. sc05-1294 Broward marine, Inc., Broward marine east, Inc. and Dennis Delong v. Palm Beach Polo Holdings, Inc., Broward Yachts, Inc. and Double Eagle Yachts, Inc., they cited Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) in saying that the plaintiff’s case was on the breach of the implied contractual duty to disclose defects in residential property which was mandated in Johnson v. Davis.

8. In the same Microsoft Word document, provide the citation for the decision you