Civil Fraud and Misrepresentation
Most misrepresentation and civil fraud cases arise from a contract situation. Misrepresentation in a contract can be innocent or fraudulent, but both can be grounds to void a contract. If the misrepresentation is fraudulent, then the victims of the fraud may also sue for damages.
Fraud is misrepresentation made with knowledge of falsity and the intent to deceive, and innocent misrepresentation is not meant to be deceptive.
In order for and assertion to be considered fraud, it must meet four criteria:
- An untrue assertion of fact was made.
- The assertion was made knowing that the statement was false.
- The complaining party entered the contract because of his reliance on the assertion.
- The reliance of the complaining party was justifiable.
If the plaintiff in a civil fraud lawsuit is seeking to recover damages for the deceit, he must also prove that he suffered actual economic injury because of his reliance on the fraudulent assertion.
In addition to the contract being voided, the fraudulent party may be responsible for damages, possibly including punitive damages, and for the tort of deceit as remedies to the victim. Someone who committed fraud may be tried in both criminal court for the crime they have committed and in civil court in order for the victim to collect damages. The Florida statute states that the remedy for fraud is three-times the actual damages.
Types of fraud include:
- Contract fraud
- Obtaining property by fraud
- Ponzi Schemes
- Consumer fraud
- Corporate fraud
- Investment fraud
- Check fraud
- Internet fraud
- Motor vehicle repair fraud
Frequently Asked Questions
We handle a variety of civil fraud cases, including contract fraud, obtaining property by fraud, Ponzi schemes, and more.
For an assertion to be considered fraud, it must meet four criteria: an untrue assertion of fact was made, it was made knowingly, the complaining party relied on it, and the reliance was justifiable.
Victims may void the contract, seek actual and possibly punitive damages, and may also have remedies for the tort of deceit.
Yes, someone who committed fraud may face both criminal charges and civil lawsuits for damages.
The Florida statute states that the remedy for fraud is three-times the actual damages. This provision is often referred to as “treble damages,” and it’s designed to penalize the wrongdoer while compensating the victim for their losses. It serves as a deterrent against fraudulent activities and offers substantial relief to victims.
Related Services
- Civil Litigation Overview
- Breach of Contract
- Commercial Litigation
- Partnership Disputes
- Tortious Interference with a Business Relationship
- Unfair Competition and Deceptive Trade Practices
- Breach of Fiduciary Duty
- Civil Fraud and Misrepresentation
- Debt Collection
- Fraud in the Inducement
- Unjust Enrichment
- Domestication of Out-of-State & Foreign Country Judgments
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