Fraudulent misrepresentation is a legal term, commonly known as “fraud.” None of this is legal advice or financial advice. Do your homework before blindly jumping into action.
Fraudulent misrepresentation involves the deliberate transmission of false information or deceptive behaviour. Often aimed at persuading the other party to enter into an agreement or undertake a particular action.
Fraud arises when one party intentionally makes false statements or representations to deceive another. This duplicity can prompt the deceived party to take actions they wouldn’t otherwise consider.
Duplicity refers to deceitfulness or double-dealing, often involving deliberate dishonesty or trickery. It implies use of deceitful tactics or behaviour to achieve one’s goals, concealing true intentions or presenting a false appearance.
There are several key elements that must be present to establish fraudulent misrepresentation:
1. False Representation
The party making the representation (the “fraudster”) must knowingly make a false statement of fact or law, or conceal material facts.
2. Intent to Deceive
The fraudster must have the intention to deceive the other party or induce them to act in reliance on the false representation.
3. Materiality
The false representation must be significant or material, meaning that it would likely influence the decision-making of a reasonable person.
4. Reliance
The deceived party must justifiably rely on the false representation in making a decision or taking action.
5. Damages
The deceived party must suffer harm or damages as a result of relying on the false representation.
Fraudulent misrepresentation can occur in various contexts, including business transactions, contracts, sales of goods or services, real estate dealings, and financial matters.
It is considered a serious legal offence and can lead to civil liability. The deceived party may be entitled to compensation for their losses. There’s also potential for criminal charges if the fraud rises to that level.
Proving Fraudulent Misrepresentation
Proving fraudulent misrepresentation often requires evidence demonstrating the fraudulent intent of the party making the false statements. As well as the detrimental reliance and resulting damages suffered by the deceived party.
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