 |
California Commercial Litigation Lawyers |
 | California Business Torts: Commercial Transactions Litigation |
|
1. FRAUD
Generally speaking, the liability case for common law fraud involves five elements. The first element is a false representation of material fact.
In many jurisdictions, the false representation must relate to a matter of existing or past fact, not merely an expression of intent to act in the future or an expression of promise. However, a promise is actionable as fraud if the promisor had no intention of performing the promised action in most jurisdictions.
The plaintiff carries the burden of providing that the defendant had no intention of performing the promise. In most instances, whether the defendant intended to perform is a question of fact to be determined from all the circumstances.
The second element requires that the false representation be made with knowledge of its falsity, recklessly, or without reasonable grounds for believing its truth.
The third element is intent to induce reliance. Intent to deceive traditionally is not required as long as the plaintiff proves an intent to induce reliance.
Justifiable reliance is fourth essential element of a claim for fraud. Reliance is usually held not to be justifiable where it is demonstrated to be unreasonable in light of the plaintiff's intelligence and experience.
The last element of a claim for fraud is that of damages. Generally speaking, where fraud has been proved, general damages, special damages, and punitive damages may lie.
Unfortunately, in the commercial setting, fraud is experienced more often than not. The Scarlett Law Group recently successfully resolved a case involving alleged property management fraud. Click here for further info.
The Scarlett Law Group handles commercial transactions, business matters and litigation in these areas:
There are at least 23 common law business torts recognized by most states. Indeed, some variations of each claim would necessarily bring the number of business torts much higher. These claims include, but are not limited to, the following types of claims:
- Fraud
- Conversion
- Negligence
- Negligent Misrepresentation
- Malicious Prosecution
- Abuse of Process
- Tortuous Interference with Contract
- Interference with Employment Relationship
- Interference with Prospective Economic Advantage
- Invasion of Privacy
- Intentional Interference with the Right to Pursue a Lawful Business
- Misappropriation of Trade Secrets
- Slander of Title
- Trade Libel
- Trademark Infringement
- Trade Name Infringement
- Unfair Competition
- Constructive Eviction
- Conspiracy to Induce Breach of Contract
- Civil Conspiracy
- Nuisance
- Plagiarism (Copyright Infringement)
- Product Liability
The Scarlett Law Group, based in San Francisco, is a national law office specializing in the trial and resolution of commercial litigation suits in California and throughout the United States. The Scarlett Law Group has been given the highest rating possible "AV" and is on Martindale Hubbell's Bar Register of Preeminent Lawyers. The Scarlett Law Group has obtained outstanding results in commercial and business litigation cases and is well suited to handle your commercial transactions, business matters or litigation needs. The Scarlett Law Group offers creative and flexible fee structures. Please feel free to contact us for a free initial consultation concerning your matter.
|
|
|  
$4,125,000 (Real Estate Fraud and Misappropriation)
Co-owners of an office building in San Francisco received a settlement of $4,125,000 against other co-owners who were managing the building involving fraud and misappropriation of monies. This case was handed by Mr. Scarlett and Mr. Ormiston. The settlement occurred through mediation at JAMS after disclosure of expert witnesses which included a former Real Estate Commissioner, real estate brokers, a forensic handwriting expert and two accounting firms.
|
|