When you are running a business, there is always an element of trust involved in the decisions you make and the people you make them with. If somebody lies to you in a way that damages the financial outlook of your company, or impacts your personal finances, you may be able to sue for fraud and misrepresentation.
The legal definition of fraud can be complex, so if you think you may have a case, you should go to the law firm of Tom Bradley. Mr. Bradley is well-acquainted with fraud and misrepresentation cases, and can advise you on the most advantageous steps you can take to protect yourself. Give him a call at 775-323-5178 today.
The most common type of fraud is fraudulent misrepresentation. A company may rely upon another party’s statements, which later turn out to be inaccurate or a misrepresentation, causing damages. Fraud cases generally have a material fact, a fact that was concealed, a fact that would have changed the actions of a reasonable person had they known it.
A material fact CANNOT be:
- An opinion
- A belief
- A prediction
- A speculation
In addition to this, a material fact must relate to something in the past or present that can be definitively proven. There also must be evidence that you justifiably relied on the misrepresentation.
Silent Fraud and Innocent Misrepresentation
There are other kinds of fraud besides intentional false information. Silent fraud is when someone has information about a deal and they fail to disclose this important information to you, giving you a false impression of the deal. To prove silent fraud, you must prove:
- That the defendant knew material facts about the deal.
- That the defendant withheld these facts from you.
- That you received a false impression due to the withholding of material facts.
- That the defendant knew this would create a false impression, and intended you to be misled.
- That you relied on this false impression to make your decision.
- That you were damaged as a result of your decision.
Even if the false information is not deliberate, you may be able to sue for innocent misrepresentation. If the other party tells you something wrong about the deal by accident, but still benefits from his or her mistake at your expense, this is innocent misrepresentation.
Exposing Fraudulent Operations Throughout Nevada
If you feel that a business partner, stockholders, or a third party has been taking advantage of you, it is imperative that you speak to a Nevada attorney as soon as possible. With over thirty years of experience and a record of success, Tom Bradley is the attorney you want representing your interests in Nevada. Contact his office by calling 775-323-5178 at the earliest possible opportunity.