Fort Lauderdale Lincoln Mercury, Inc. v. Fallaro

Fort Lauderdale Lincoln Mercury, Inc. appeals from a final judgment in its favor on a common law breach of contract claim and against it on an odometer disclosure claim predicated on 15 U.S.C. sections 1988 and 1989 (1988).1 Appellant argues that the trial court employed an improper “intent” standard under 15 U.S.C. § 1989. Additionally, appellant argues that the trial court erred when it failed to award lost profits as damages on the breach of contract claim. We agree a,nd reverse.

*595Section 1989(a) provides that “any person who, with intent to defraud, violates any requirement imposed under…