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…
Legal Articles
Reasonable Reliance: Fraud and Intentional Misrepresentation
Fraud has nine (9) elements. A plaintiff’s failure to establish any of these elements is fatal to the claim. Heberer v. Shell Oil Co., 744 S.W.2d 441, 443 (Mo. 1988). Reliance is one of the nine elements of fraud, and thus a plaintiff cannot prevail on a fraud claim unless he or she proves that…
Contract Liability and Tort Liability
When there is a contract in play, often times there is confusion when a plaintiff is making a claim whether the claim is for breach of contract or for tort liability. Sometimes a plaintiff will assert both contract liability and tort liability (e.g., fraud, negligence) for failure to perform contract provisions. This is usually impermissible. …
Fraud and Misrepresentation: Facts and Opinions
In most claims for fraud — whether it be intentional misrepresentation or negligent misrepresentation — a party claiming the fraud must prove that the other party intentionally or unintentionally provided false, factual information that was material. Statements of opinions are usually not actionable for fraud. When the car salesmen tells you that a particular vehicle…
Business Fraud, Misrepresentation
Business fraud/or misrepresentation is actionable in one of two circumstances. Fraud or intentional misrepresentation occurs when there is a (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or his/her ignorance of the truth; (5) the speaker’s intent that his/her representation should be acted on by the hearer…
Real Estate Defects & Seller's Disclosure Statement
In any contract for the sale of a good there has to be a full and complete disclosure of the character and nature of the good being sold. This is especially problematic with real estate transactions — both residential and commercial — given how many things need to disclosed about property. In Missouri, a seller…
Fraud: Intentional Misrepresentation & Negligent Misrepresentation
We hear all the time (and I especially hear it often as an attorney) that so and so defrauded me and that he/she should be thrown in jail and fined for their transgressions. Fraud is a heavy word and it requires strict proof from a legal perspective, both procedurally and substantively. Fraud in Missouri is…