Montana Financial Fraud and Misrepresentation Lawyer
Business contracts are intended to represent a formal agreement between two parties. While most contracts are signed by parties with good intentions, some bad actors do so fraudulently. A fraudulent transaction can be a tense situation, especially if the financial amount is considerable.
Being a victim of financial fraud is no laughing matter. To receive the compensation you need from a fraudulent party, you need to bring a strong threat of legal action. At Beck, Amsden & Staples, our Montana financial misrepresentation and fraud attorneys will let the other side know that you mean business. We will come in with the strength you need to show the other side that we will not back down. Call our Montana financial fraud and misrepresentation lawyers today for your free consultation.
What is Financial Misrepresentation and Fraud?
Misrepresentation occurs when one party makes a misleading statement about a crucial fact that has an impact on the other party’s decision to enter a contract. Similarly, fraud is when a party’s actions are intentionally deceiving to induce the other party to sign a contract. When a party commits financial misrepresentation or fraud, the other party is entitled to seek legal recourse to terminate the contract and go after the party through the civil justice system to reclaim the damages led by the misrepresentation or fraudulent inducement.
Fraud requires some degree of deceit by the violating party at the time the contract was made. Breach of contract refers to the violating party failing to fulfill the duties and obligations listed in the contract.
Common Forms of Financial Misrepresentation and Fraud
Almost any basic business contract can be found to be fraudulently induced or financially misrepresented. This includes franchise agreements, employee agreements, services or product agreements, vendor agreements, and even sponsorship agreements.
Misrepresentation in contracts can fall into three different forms: incidental misrepresentation, negligent misrepresentation, and fraudulent misrepresentation.
In incidental misrepresentation, a fact may have misled the contracting party but in a way that was not harmful or material. These cases are rarely seen since the plaintiff has minimal damage that can be claimed.
Negligent misrepresentation occurs when the defendant fails to check if a fact was true in a manner that he or she should have known or performed due diligence on in that position.
Intentional misrepresentation is essentially similar to fraud in that a party intentionally misleads the victim with the intent of having the victim believe something that is false.
What is Required to Prove Misrepresentation?
There are six legal elements that the plaintiff must clear to claim damages as a result of misrepresentation. The plaintiff must provide proof of the following:
- A representation was made
- The representation was untrue
- The defendant either made the statement carelessly while ignorant of its veracity or knew it to be untrue at the time it was made
- The purpose of the deception was to have the plaintiff depend on it
- The plaintiff relied on the false statements
- The misrepresentation caused harm to the plaintiff
Contact our Montana Financial Fraud Lawyers
Whether your business is small or large, financial misrepresentation and fraud can greatly affect your livelihood. A business’s ability to do business has to be based on the idea of fair business dealings with others. Financial misrepresentation and fraud prevention laws are in place for the courts to hold deceitful bad players accountable for their harm to society.
At Beck, Amsden & Staples, we have a history of successfully fighting for our clients and recovering the damages they inc urred in financial misrepresentation and fraud cases. We will thoroughly go through your case and show the other side that they need to be held responsible for the harm they inflicted. Contact our Montana financial misrepresentation and fraud lawyers today to get the justice you deserve.