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ProveMyFloridaCase.com > Posts tagged "negligent misrepresentation"

A Misrepresentation is Not the Same as a Breach of Contract

A claim based on a misrepresentation is NOT the same as a claim based on a breach of contract.  Two notes to self one must consider before throwing a misrepresentation-type claim into the fray: First note to self:  when pleading a claim based on a misrepresentation, whether fraudulent misrepresentation, fraudulent inducement, or negligent misrepresentation, it is imperative to plead those misrepresentations with specificity.  See Fla. R. Civ. P. 1.120. Second note to self:  a fraud claim is NOT a replacement to a breach of contract claim. “It is well settled that a party may not recover damages for both breach of contract...

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Proving ALL of the Elements of a Fraudulent or Negligent Misrepresentation Claim

Fraud claims are hard to prove. Any fraud claim or claim predicated on a misrepresentation is an intentional tort; therefore, it requires proof that the defendant had the intent to induce the plaintiff to act on a misrepresentation and the plaintiff actually relied on and acted on the misrepresentation. While fraud-type claims are perhaps commonly pled, pleading a fraud-type claim and proving a fraud-type claim are two different things. A party can plead a fraud-type claim to get passed a motion to dismiss. Proving the fraud-type claim, however, is a different story. Plaintiffs need to understand the elements they are...

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