You expect your contracts to be negotiated in good faith with transparency and honesty. All too often, though, parties act inappropriately to secure a favorable deal at the other party’s expense. If this happens to you, then you could end up losing money and good will. In these circumstances, you need to be prepared to take legal action to protect your interests.
Can you argue fraudulent misrepresentation in your case?
If you feel like you’ve been duped into a contract, then you should analyze whether you’ve been subjected to fraudulent misrepresentation. This type of fraud occurs when the following happens:
- A representation is made.
- The party making that representation does so knowing that it’s false or in a way that recklessly disregards the truth.
- The party who made the representation did so with the intent of you relying on it to enter into a contractual agreement.
- You in fact relied on the representation when agreeing to the contract’s terms.
- You suffered a harm because of that reliance.
That’s a lot to prove to protect your interests, but you might have ample facts at hand in your case. Be sure to scrutinize written communications you have from the other party and talk to witnesses who can back up your claims.
You’ll also have to demonstrate how the representation is false, which means you’ll need to find extrinsic evidence that proves the truth. The other side’s intent is usually the most difficult piece to prove in one of these cases, but your use of the discovery process might give you the edge you need.
Protect your interests in business litigation
Heading into business litigation can be stressful, but you can take control of your case by thoroughly gathering evidence and building compelling arguments that speak to the legal elements that you have to prove. That might sound like a daunting process, but help is available to position yourself for the most successful outcome possible.