With no explanation, chose the best option from "A", "B", "C" or "D". two propositions, and the verdict does not specify upon which the jury acted, there can be no certainty that they found upon one rather than the other” and preclusion is inappropriate. 158 U.S. 216, 222, 15 S.Ct. 816, 818, 39 L.Ed. 956 (1895); see also Fayerweather, 195 U.S. at 302, 25 S.Ct. at 65 (When the basis upon which a judgment is rendered is unclear, it is "tantamount to a finding in favor of the successful party of all facts necessary to sustain the judgment.” (emphasis added)). In Brown II, we observed that Florida courts uphold this common-law protection: [Pjreclusive effect is not given to issues which could have, but may not have, been decided in an earlier lawsuit between the parties. See, e.g., Acadia Parsers, L.P. v. Tompkins, 673 So.2d 487, 488-89 (Fla. 5th DCA 1996) (<HOLDING>); Allstate Ins. Co. v. A.D.H., Inc., 397 So.2d

A: holding party in breach could not maintain suit for breach of contract
B: recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract
C: holding that a cause of action for breach of contract accrues at the time of the breach
D: holding that jurys verdict for the defendant in a breach of contract action did not establish the absence of breach because the jury was instructed that it could find for the defendant if it concluded that the defendant had not breached the contract or if the defendant proved an affirmative defense
D.