A person commits fraud when he or she knowingly makes a material misrepresentation with the intent of inducing another person to act or refrain from acting to his or her detriment. It is also necessary to show that the material misrepresentation was justifiably relied upon when the “victim” acted or failed to act.
Fraud can include, but is not limited to, the following:
- Oral Misrepresentation
- Written Misrepresentation
- Fraud by Silence
- Concealed Defects
- Partial Disclosure without full disclosure
- A Misrepresentation of Law
Negligent Misrepresentation
Negligent Misrepresentation, a form of fraud,occurs when a defendant, in the course of his trade or profession, negligently gives false information to the plaintiff. The plaintiff must reasonably rely upon this information to his or her detriment. Finally there must be no privity of contract, or economic mutuality, between the plaintiff and the defendant. A simple way to test for privity of contract, is if the plaintiff and defendant can enforce the contract by lawsuit against one another. If so, then there is privity of contract.
Contacting a Fraud Lawyer
If you or a loved one has suffered an economic injury due to fraud, call a fraud attorney at The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an online questionnaire.
The initial consultation is always FREE. If we pursue your case, there is no legal fee unless we are successful in getting you money.
In many cases, a lawsuit need be filed before an upcoming expiration date, known as a Statute of Limitations. Therefore, it is crucial to call or contact us right away to ensure that you do not waive your right to possible compensation.
