Legal Resource Center

What is Fraudulent Misrepresentation?

 

Fraudulent misrepresentation is a civil tort arising out of contract law. It is a false statement of fact that causes or induces someone to enter into a contract. A defendant commits fraudulent misrepresentation when he or she lies or misrepresents an important fact about in order to cause or induce the other party to enter into a contract. The misrepresentation can be in the form of anything that is designed to deceive the other party including innuendos, half-truths, or silence when there exists a duty to speak.

 

What Constitutes Fraudulent Misrepresentation?What is fraudulent misrepresentation?

The following six elements are generally required to prove the tort of fraudulent misrepresentation:

The defendant made a false representation or lied;
The misrepresentation is material to the transaction;
The defendant made the misrepresentation with malice (the defendant made the statement with knowledge that the statement was false or the defendant made the statement with a reckless disregard as to the veracity of the statement);
The defendant made the misrepresentation with the intention of inducing the other party to enter into a contract;
The other party reasonably relied on the misrepresentation; and
The defendant’s lie was the proximate cause for the plaintiff’s injury.

Generally, in order for an action for misrepresentation to proceed, the statement at issue must be one of present or past fact. Although there are exceptions, statements of opinion and statements which are made about the intention of a party or occurrence of some event in the future do not constitute the tort of misrepresentation. Fraudulent misrepresentation is one of the three recognized forms of misrepresentation in contract law. The other two are negligent misrepresentation and innocent misrepresentation.

 

Damages for Fraudulent Misrepresentation

Fraudulent misrepresentation is a civil offense that may result in damages for the plaintiff and may allow for rescission of a contract depending on the circumstances.

 

Fraudulent Misrepresentation Attorneys

Do you have a legal issue that involves a claim of fraudulent misrepresentation? Call the experienced attorneys at Meyers Roman Friedberg & Lewis, LPA to evaluate your case. Call (216) 831 -0042 today to find out more information.

Revenge Porn: How to Fight Back [50 State Interactive Map]

Of all the posts I’ve written in my years of running this blog, few have gotten more traffic and response than an article I wrote three years ago on revenge porn. It focused on the malicious revenge porn site, MyEx.com, which posts intimate, personal and sometimes...
Read More

Defamation of Character – What is Online Defamation?

You sleep in one morning and wake up to find 30 messages on your phone. Rubbing the sleep from your eyes, you grope for an explanation. It is not your birthday, and there are no reports of terror attacks on your newsfeed. When you open the first message, though, you...
Read More

How to Remove Fake Google Reviews

Most business owners are aware of the importance online reviews play in expanding or maintaining one’s clients and business relationships. While positive reviews can spur potential clients to call, e-mail, or come to your place of business, a negative review can have...
Read More

‘Sugar Babies’ Not All So Sweet

Kent State University recently cracked the top 10 in national rankings. Kent didn’t win recognition for its prowess in basketball or academics. Rather, Kent has become nationally prominent for producing sugar babies. Sugar babies are women, usually college students or...
Read More

How to Report Slander on Twitter

Twitter is a popular social networking site that allows people to send, receive and read short 140-character messages that are commonly known as tweets.  Not only can users post tweets they can also share,  commonly known as retweet, other people’s posts. Twitter has...
Read More