Asked by Hassan ibrahim on Apr 26, 2024
Verified
What must a plaintiff prove in order to establish fraudulent misrepresentation and recover damages as a result?
Fraudulent Misrepresentation
A false statement of material fact made with knowledge of its falsity or reckless indifference, intending to induce another's reliance, resulting in damage.
Plaintiff
The party who initiates a lawsuit by filing a complaint with the court alleging wrongdoing by another party, known as the defendant.
Damages
Monetary compensation awarded to a party in a legal proceeding for loss or injury.
- Discern and analyze the distinct forms of misrepresentation (fraudulent, innocent, and negligent) and their corollary legal effects.
- Recognize and evaluate the legal implications of acting with scienter (knowledge of the falsehood), including in the context of fraudulent misrepresentation.
Verified Answer
MS
Manpreet SainiApr 28, 2024
Final Answer :
A fraudulent misrepresentation is a False representation of a material fact that is consciously False and is intended to mislead the other party.Fraudulent misrepresentation is intentional misrepresentation.Here,scienter is clear.The party making the misrepresentation either knows or believes that the factual claim is False or knows that there is no basis for the assertion.
In order to prove fraudulent misrepresentation,the plaintiff must establish: a)a False statement about a past or existing fact that is material to the contract; b)intent to deceive; c)justifiable reliance on the False statement by the innocent party to the agreement; and d)proof of injury.
In order to prove fraudulent misrepresentation,the plaintiff must establish: a)a False statement about a past or existing fact that is material to the contract; b)intent to deceive; c)justifiable reliance on the False statement by the innocent party to the agreement; and d)proof of injury.
Learning Objectives
- Discern and analyze the distinct forms of misrepresentation (fraudulent, innocent, and negligent) and their corollary legal effects.
- Recognize and evaluate the legal implications of acting with scienter (knowledge of the falsehood), including in the context of fraudulent misrepresentation.