What are the types of Misrepresentation?

Florida courts recognize various forms of misrepresentation in fraud claims, including:

Fraudulent Misrepresentation

To establish a claim for fraudulent misrepresentation, a plaintiff must plead and prove:

– A false statement concerning a material fact;
– The representor’s knowledge that the representation is false;
– An intention that the representation induce another to act on it;
– And consequent injury by the party acting in reliance on the representation.

See: Butler v. Yusem, 44 So. 3d 102 (Fla. 2010).

Negligent Misrepresentation

On the other hand, a claim for negligent misrepresentation requires:

– A misrepresentation of a material fact;
– That the representor either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false;
– That the representor intended to induce another to rely on the misrepresentation;
– Injury resulting to a party acting in justifiable reliance.

See: Baggett v. Electricians Local 915 Credit Union, 620 So. 2d 784 (Fla. 2d DCA 1993).

Fraudulent Concealment

Fraudulent concealment occurs when:
– There is a deliberate concealment or nondisclosure of a material fact;
– A duty to disclose exists;
– The concealment was intended to induce reliance;
– And the party relying on the concealment suffers damages.

See: TransPetrol, Ltd. v. Radulovic, 764 So. 2d 878 (Fla. 4th DCA 2000).

Differences Between Types of Fraud

The key distinction between fraudulent and negligent misrepresentation lies in the defendant’s state of mind. Fraudulent misrepresentation requires intent and knowledge of falsity, while negligent misrepresentation requires only that the defendant failed to exercise reasonable care. Fraudulent concealment, on the other hand, may involve silence or omissions, rather than affirmative misstatements, but similarly depends on an intent to mislead and a duty to disclose.

Fraud Must Be Pled with Particularity 

Under Florida Rule of Civil Procedure 1.120(b), fraud must be stated with particularity. This means the pleading must specify the who, what, when, where, and how of the allegedly fraudulent conduct. Generalized allegations are not sufficient.

See: Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001), which held that a complaint alleging fraud must clearly identify the misrepresentation, who made it, how it was false, and how the plaintiff relied on it.

Conclusion

Fraud is a serious allegation in civil litigation that can significantly impact the outcome of a case. At the Law Office of Andrew J. Pascale, we help clients in Ormond Beach and across Florida understand, navigate, and respond to complex fraud issues in civil lawsuits. If you’re seeking legal help call now.