Fraud

Generally, a claim of common law fraud includes: (1) a material misrepresentation; (2) that was false; (3) the party making the representation either knew it was false or made the representation recklessly without any knowledge of the truth; (4) the representation was made with the intention that the other party rely upon it; (5) the other party relied on the representation; and (6) the other party suffered damages as a result.

Fraud can also arise from a party’s failure to disclose certain facts. A party commits fraud when they have a duty to disclose, they fail to disclose material information with the intention the other party relies on their silence and the other party suffers damages. In the event a plaintiff is successful in proving a fraud claim, they can recover actual damages and in some cases exemplary (punitive) damages and injunctive relief.

If you or your business is involved in a dispute involving an allegation of fraud, contact us today to discuss your options.