Claims of business fraud, deceit, misrepresentation, and other intentional misconduct arise often in business litigation. The reasons often have to do with an attempt to get more money out of a transaction that is not proper or which is alleged to be improper.
When an individual or business is harmed by another party´s fraudulent conduct, the law may require the deceiver not only to repay the damages caused but also may award punitive damages as a punishment. Many laws may be implicated depending on the facts of a given case.
Common Business Fraud Case Examples
- Contract Litigation: Contracts procured through fraudulent inducement or material misrepresentation may be voided, cancelled or rescinded and/ or give rise to claims for compensatory and punitive damages. This includes purchase or the sale of a business and assets or misrepresentations or non-disclosures in a variety of transaction agreements.
- Real estate litigation: Various laws apply to real estate sales, making it sometimes easier to prove real estate fraud than other types of fraud.
- Consumer litigation: Both state and federal statutes provide remedies for certain deceptive trade practices and other misconduct in the context of consumer transactions.
- Trust and estate litigation: Laws governing actual and constructive fraud can apply in the context of gifts and bequests resulting from overreaching and deceit and undue influence.
- Misconduct in a fiduciary capacity: Fiduciaries often are required to conduct their affairs under heightened standards, making them vulnerable to attack for the slightest mistep. Sometimes there are breaches of duties of loyalty and prudence. Other times claims against them are devoid of merit.
To discuss legal remedies for fraudulent or otherwise intentional misconduct, please contact the office to schedule an appointment.