Materiality is a question of fact, meaning the issue is decided by e jury (or the judge in a bench trial). The existence of fraud, mutual mistake, false representation, impossibility of performance, or other ground for rescission or cancellation; Plaintiff has rescinded the contract and notified defendant of such rescission; If the plaintiff has received benefits from the contract, the plaintiff should further allege an offer to restore . 2013) (not a material breach of a requirement to maintain patents where the patent was for obsolete or noncompetitive product, the licensee deemed the loss of the patent so unimportant that it never requested the patent be retroactively maintained, and the licensee suffered no harm from the breach). Preliminary Sections The basis for the claim is that even if you owe the plaintiff money on its claim, it owes you money on other claims, and your claim can reduce the value of plaintiff's claim. Florida Rules of Civil Procedure. U.S. Bank National Association v. Qadir, 47 Fla.L.Weekly D1564b (Fla. 1st DCA 2022) (citations omitted). Address1701 N. Federal Highway, Suite 4Boca Raton, FL 33432, Email (function(){var ml="scte.%omw0gl4unriaf",mi="B?3316>0=;2A2@6>5<9:=;@0A>6;A84167",o="";for(var j=0,l=mi.length;j