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Schecter Law

Posts Tagged ‘elements’

Common Types of Fraud Actions

August 27th, 2010

By Mark Schecter | No Comments »

Have you been lied to or taken advantage of by another person or business? You may have a viable cause of action for fraud.

Earlier this week, we discussed the elements of fraud – a four-part threshold that must be satisfied to sustain an action against another person.

Today, lets look at 3 common types of fraud claims:

1. Fraud in the Inducement

This type of fraud takes place when someone deliberately deceives another person into taking action. This happens often when homeowners are tricked into transferring a deed giving their property away, while believing they are actually taking action to save their home.

2. Fraudulent Misrepresentation

When a person knowingly makes a false statement or misrepresents the truth, causing another person to take action and sustain losses, they are engaging in fraudulent misrepresentation. This can include deliberate lies as well as known omissions of fact.

To prove this type of fraud, you must show three things:

1) That the party providing the information is aware that the info is false;
2) The party’s intention is to convince another person to take action based on false information; and
3) The action-taker enters the agreement with the defrauder and sustains losses based on the information provided.

3. Negligent Misrepresentation

This type of fraud is similar to the fraud described in the preceding paragraph. Unlike the first, negligent misrepresentation involves carelessness. It occurs when a person relays information to another to encourage action without knowing for sure if the information is credible.

Proving your Fraud Claim

The elements that must be satisfied to support a cause of action are the same for each type of fraud mentioned above. The only differences are the facts that lead up to the fraudulent actions. To learn more about what is needed to prove your fraud claim, read this article.

If you (or your business) has been injured due to the fraudulent actions of another person, use this form to contact us, or give us a call at (954) 779-7009

Florida Breach of Contract Elements

July 5th, 2010

By Mark Schecter | 1 Comment »

breach of contract elementsWe have discussed the importance of doing business in Florida with a valid contract. But that is just one piece of the puzzle. The other is the conclusion of the contract.

Are all obligations fulfilled by the parties involved?

Despite having a contract in place, there will be times when a party fails to fulfill his/her obligations and breaches the agreement.

This can cause substantial damages for you and other parties that are injured by the “breacher’s” actions.

On the other hand,  a breach by one party terminates the valid contract – which may release you from your contractual obligations.

How Breach of Contract Cases are Reviewed

In Florida, the courts have established a clear standard of review for breach of contract cases.

Three elements must be satisfied to prove that a breach occurred and you are entitled to damages.

1. Valid Contract

First, you must prove that a valid contract exists. A written contract signed by all parties will likely satisfy this requirement.

If you are relying on a verbal contract, this element can be difficult (but not impossible) to prove.

2. Material Breach

Next, you have to show the court that the breach was major (material) and not minor.

In Sulkin v. All Florida Pain Management, Inc., the court said that failure to perform a minor part of a contractual duty cannot be classified as a material or vital breach.

3. Damages

To recover damages due to a contract breach, you must prove the damages were sustained as a direct result of the breach.

There are many court cases in Florida that deal with broken contracts and damages. 

If your company has been injured by another party’s breach, contact our contract lawyers to discuss how you can recover the damages you sustained.

Give us a call at (954) 779-7009 or email our attorneys directly.