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…

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