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…
Legal Articles
Prevailing Party Attorney Fees in the Merchandising Practices Act ("MPA")
The MPA is an extraordinarily broad statute intended to protect consumers. It loosens the rigid requirements for traditional common law fraud, negligent misrepresentation, product liability claims, etc. To further its objectives, the MPA statutorily authorizes reasonable attorney fees to a “prevailing party” in MPA litigation. “Missouri has adopted the American Rule; that is, absent statutory…
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…