Some claims require proof of a person’s intent and state of mind. Unless someone admits to something, how do you get in there head and prove intent? For pleading purposes, “intent, knowledge and any other condition of mind of a person may be averred generally.” Rule 55.15. In an evidentiary context, “an admission of specific intent…
Legal Articles
Proving Intent
It is difficult to prove intent, knowledge, and any other condition of mind. The reason is that litigants rarely admit to things. Likewise, direct evidence is often rare. In the context of a plaintiff pleading a lawsuit, “intent…and any other condition of mind may be averred generally.” Clark v. Olson, 726 S.W.2d 718, 719 (Mo….
Fraud, Statement of Intent, Future Act
Most fraud or intentional misrepresentation cases require that the misrepresentation relate to a present or past fact. A promise to take future action generally cannot form the basis for fraud. There is a difficult-to-prove an exception to this rule. “When a fraud claim is based on a statement of intent, the plaintiff establishes falsity by…