What Constitutes 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.
Fraudulent misrepresentation is a distinct legal claim from defamation. Fraudulent misrepresentation is a contract claim arising out of fraud that occurs in breach of contract cases, while defamation is a false assertion of fact made about someone.
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 internet defamation attorneys at Minc Law to evaluate your case. Call (216)373-7706 or fill out our online contact form today to find out more information.
“Minc Law did an outstanding job on our case, particularly Daniel and his team. They guided us through the entire process of unveiling the individual who was defaming our business online, and then all the way through to getting a satisfactory settlement. They always returned calls and offered sound advice for whatever came up during our case. If I ever need these types of services again, I will definitely go to them first.”
Jason Moore, May 11, 2021