Are there any differences between these two claims? In other words, if there is an intentional misrepresentation so as to deceive, induce, etc., wouldn't it be the same thing as fraud?
Estate Planning Attorney
In Massachusetts to sustain a claim of civil misrepresentation, a plaintiff must show a false statement of a material fact made to induce the plaintiff to act, together with reliance on the false statement by the plaintiff to the plaintiff's detriment. See ZIMMERMAN v. KENT, 31 Mass. App. Ct. 72 (1991) [http://masscases.com/cases/app/31/31massappct72.html] Civil fraud is defined similarly by case law. Fraud based on deceit, requires the plaintiff to show that the defendant “made a false representation of a material fact with knowledge of its falsity for the purpose of inducing the plaintiff to act thereon, and that the plaintiff relied upon the representation as true and acted upon it to [his] damage.” [http://caselaw.findlaw.com/ma-superior-court/1566922.html] You would need to consult with a AZ attorney to get a better understanding of the definitions under AZ law.
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