Fraudulent misrepresentation - sustany/dvg GitHub Wiki

Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action or inaction on the basis of that misrepresentation.

To determine whether fraudulent misrepresentation occurred, the court will look for six factors:

  1. A representation was made
  2. The representation was false
  3. That when made, the defendant knew that the representation was false or that the defendant made the statement�recklessly�without knowledge of its truth
  4. That the fraudulent misrepresentation�was made with the intention that the plaintiff rely on it
  5. That the plaintiff did rely on the fraudulent misrepresentation
  6. That the plaintiff suffered harm as a result of the fraudulent misrepresentation

Like most claims under contract law, the standard remedy for fraudulent misrepresentation is damages.�