If you have been the victim of fraudulent misrepresentation, or are involved in any way with such a dispute, you may need to hire a local business attorney. An attorney in your area can provide you with legal research and representation needed to succeed on your claim. Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch.
Some courts may find liability if the defendant should have known of its falsehood, or made the statement recklessly without knowledge of its truth; Fraudulent misrepresentation is just one of many types of misrepresentation violations. Others include negligent misrepresentation and innocent misrepresentation.
In order to be found liable for fraudulent misrepresentation, the plaintiff must suffer measurable harm as a result of the fraudulent statement. This is important, because courts will formulate their remedies based on the plaintiff’s harm or loss. Thus, in most fraudulent misrepresentation cases, the remedy will be some form of monetary damages.
Misrepresentation are civil offenses, meaning they are only causes of action that can be brought in civil court. The general remedy in civil court for all types of misrepresentations is rescission.
This is important, because courts will formulate their remedies based on the plaintiff’s harm or loss. Thus, in most fraudulent misrepresentation cases, the remedy will be some form of monetary damages. These will be calculated based on the amount of harm or loss experienced by the plaintiff.
For instance, the history of dealings between the parties can often influence a court’s decision as to whether fraudulent misrepresentation has occurred.
These may vary by state or jurisdiction; however, elements of proof for fraudulent misrepresentation generally include: The plaintiff suffered measurable harm as a result of the fraudulent information or statement.
In many instances, there may be defenses available to a person who is being charged with fraudulent misrepresentation. These will depend on many factors, including state laws and the exact nature of the misrepresentation. Some common types of defenses for this legal issue may include: 1 Lack of Evidence: As mentioned, the elements of proof for fraudulent misrepresentation must all be met in order to prove a person liable. If there is not enough evidence to prove a particular element, the defendant might not be found liable. This is one of the more common defenses to fraudulent misrepresentation.#N#For instance, if there is no evidence to show that the defendant actually made a fraudulent misrepresentation, it may serve as a defense. Another example is if the plaintiff didn’t actually suffer any damages. 2 Laches: If the plaintiff waited too long to file their misrepresentation claim, it may serve as a defense under a laches theory of law. Most fraudulent misrepresentation claims are associated with a statute of limitations (i.e. a filing deadline). Thus it’s important to bring a lawsuit as soon as you suspect you have a claim. 3 Coercion/Duress: It may serve as a defense if the defendant was forced to make the fraudulent statement under threat of harm or under conditions of duress (for instance, being threatened that they will be fired if they don’t make the fraudulent statement). This is a somewhat more rare defense as conditions such as these are not all that common.
Coercion/Duress: It may serve as a defense if the defendant was forced to make the fraudulent statement under threat of harm or under conditions of duress (for instance, being threatened that they will be fired if they don’t make the fraudulent statement).
For instance, if there is no evidence to show that the defendant actually made a fraudulent misrepresentation, it may serve as a defense. Another example is if the plaintiff didn’t actually suffer any damages.
The misrepresentation can occur through many ways, including written words, spoken words, gestures or body motions (such as a nod), or through silence or inaction. Fraudulent misrepresentation is frequently raised in connection with contract law. Whenever parties enter into a legal agreement or contract with one another, ...
Unfortunately, data gathered by the National Adult Protective Services Association estimates that only one in 44 cases of senior financial abuse are ever reported. Sadly, most abusers are family members, which puts both the victim and any witnesses in a difficult spot.
If you are afraid of the suspected abuser, you may be able to remain anonymous. You will need to identify the location of any suspected actions which appear to you to be abuse, whether they occur at the elder's home in the community or at a long-term care facility where the elder resides.
It may be difficult to report the suspected abuser, especially if it is someone you or your loved one is close to. Many elders are intimidated by their abusers and are too frightened to report the problem themselves. Your loved one may even discourage you from going to APS or the police about this matter, but you must do your part to protect those who are vulnerable.
You must name the elder you suspect is being abused and provide their home address as well as name the suspected abuser and provide their home address if you have it. You are not required to give your name, but providing it can be very helpful to the experts investigating your claims.