Are You a Victim of Fraud?
A legal claim for fraud can be based upon intentional misrepresentations, or negligent misrepresentations, or a promise made without intent to perform it, or on suppression of a material fact. Fraudulent statements or omissions can arise in many contexts. It is not unusual to see claims of fraud relating to real property transactions, sales of personal property, or to sales of a business. If you believe you are the victim of fraud, see if your facts fit into the following elements of the cause of action: The elements of the cause of action are (1) a false representation or concealment of a material fact (2) made with knowledge of its falsity or without sufficient knowledge on the subject to warrant a representation (3) with the intent to induce the person to whom it is made to act upon it, and (4) such person must act in justifiable reliance on the representation to (5) his damage. Each of these element must be proven at trial in order to win a lawsuit for fraud. If you would like to discuss the facts of your case: CALL Orange County Business Lawyer at (844) 921-1937
DID YOU KNOW THESE FACTS ABOUT FRAUD?
A DECEIT CAN BE (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; (3) the suppression of a fact, by one who is bound to disclose it, or who gives information or other facts which are likely to mislead for want of communication of that fact; or (4) a promise, made without any intention of performing it.
TYPES OF MISREPRESENTATIONS
A statement of fact, which is not true, suggested by one who does not believe it to be true, constitutes deceit. To constitute an actionable deceit, the representation need not be made with knowledge of actual falsity; it need only be an assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true and made with intent to induce Plaintiff to alter his position. Therefore, if a person asserts that a thing is true within his personal knowledge, or makes a statement as of his own knowledge, or makes an absolute, unqualified and positive statement as implies knowledge on his part, when in fact he has no knowledge whether his assertion is true or false, and is statement proves to be false, he is as culpable as if he had willfully asserted facts to be true which he knows to be false, and is guilty of fraud.
SUPPRESSION OF FACT
Fraud may consist of the suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead. Where concealment of a material fact is calculated to induce a false belief, the distinction between active concealment and affirmative misrepresentation is not significant. Both are fraudulent. The duty to disclose facts arises when a person undertakes to speak, so that the speaker must not only tell the truth, but he must also not suppress facts within his knowledge which materially qualify those stated, because one who speaks must make a full and fair disclosure. For example, the vendor of property who advertises may not conceal any information within his knowledge materially affecting the value or desirability of the property.
PROMISE WITHOUT INTENTION TO PERFORM
Deceit may consist of a promise, made without any intention of performing it, and such a promise is actionable where the other party relies on it as an inducement to act or refrain from acting. In contrast, a declaration of intention, although in the nature of a promise, made in good faith, without intention to deceive, and in the honest expectation that it will be fulfilled, even though it is not carried out, does not constitute fraud.
Fraud is not the subject of a strictly objective test. What would constitute fraud in one case would not be held to be fraudulent in another case. The issue of determining justifiable reliance is whether the person claiming reliance was justified in believing the representation in light of his own knowledge and experience. Thus, the Plaintiff is not held to the standard of minimum knowledge of the hypothetical reasonable person. Plaintiff will be denied recovery only if his conduct is manifestly unreasonable in the light of his own intelligence and information. Even in the case of a mere negligent misrepresentation, a plaintiff is not barred from recovery unless his conduct, in the light of his own information and intelligence, is preposterous and irrational. And where there is a fiduciary relationship between Plaintiff and Defendant, the Plaintiff has the right to rely on representations made to him without the duty of further inquiry!!!
IF YOU ARE A VICTIM OF FRAUD, YOU HAVE A CHOICE OF REMEDIES
Where a Plaintiff has been induced to enter into a contract by Defendant’s fraud, Plaintiff has a choice of either suing for breach of contract damages, or for rescission of the agreement and restitution of the property transferred to Defendant. The Plaintiff, not the Defendant, has the right to this election of remedies. To find out more: CALL Orange County Business Lawyer at (844) 921-1937
IF YOU HAVE A FRAUD CLAIM, CALL ORANGE COUNTY BUSINESS LAWYER
Orange County Business Lawyer, P.C. represents clients throughout Orange County, and beyond. If you have any kind of questions or concerns regarding fraud. Attorney Debra Grimaila welcomes you to call personally: CALL NOW (844) 921-1937.
Get your questions answered. Call Now for your Cost Effective Legal Solution at (844) 921-1937.