In business litigation, fraud arises in a variety of contexts, including contract disputes, the purchase and sale of goods, and securities transactions.\u00a0 A person has committed fraud when that person makes a misrepresentation of fact, with knowledge that the representation is false, and with intent that the misstatement be relied upon.\u00a0 The fraud claim is complete when a plaintiff demonstrates that it justifiably relied upon the misrepresentation, and as a direct result, has suffered damages.\u00a0 Fraud claims may take several forms, including legal, equitable, negligent, and constructive fraud.\u00a0 Remarkably, equitable fraud is an exception to the general rule that the person committing the fraud possess knowledge that its representation is false.\u00a0 Equitable fraud allows for remedies such as rescission of a contract induced by this kind of fraud.\u00a0 When a person has a duty to disclose material facts, but conceals them, this is known as fraudulent concealment.\u00a0 Typically, in order to maintain a fraudulent concealment claim, the plaintiff must demonstrate a contractual, confidential, or fiduciary relation that gives rise to the potential defendant\u2019s duty to speak.\u00a0 Negligent misrepresentation claims also require some kind of relationship between the plaintiff and defendant giving rise to the defendant\u2019s duty to disclose.\u00a0 Damages incurred as a result of fraud may be equitable or legal.\u00a0 Legal damages include compensatory and punitive damages.<\/p>\n","protected":false},"excerpt":{"rendered":"
In business litigation, fraud arises in a variety of contexts, including contract disputes, the purchase and sale of goods, and securities transactions.\u00a0 A person has committed fraud when that person…<\/p>\n","protected":false},"featured_media":0,"menu_order":139,"template":"","practiceareas_category":[747],"class_list":["post-5602","practiceareas","type-practiceareas","status-publish","hentry","practiceareas_category-business-litigation"],"acf":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas\/5602","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/practiceareas"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas\/5602\/revisions"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=5602"}],"wp:term":[{"taxonomy":"practiceareas_category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/practiceareas_category?post=5602"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}