You depend on your business contracts to be negotiated in good faith so that you can secure terms that are favorable to you and that clearly dictate your rights and obligations. Yet, all too often businesses are tricked into signing contracts that aren’t in their best interests. If you feel like you’re in that position now, then you might want to consider whether you’ve been subjected to fraudulent misrepresentation.
The basics of fraudulent misrepresentation
Fraudulent misrepresentation occurs when one party to a contract intentionally makes false claims or recklessly makes claims without regard for their lack of truthfulness in hopes of convincing another party to agree to the contract. Intent is big here, which makes proving fraudulent misrepresentation somewhat difficult to do, but if you relied on those representations to your detriment and you’ve been harmed as a result, then you need to know your next steps.
How do you prove fraudulent misrepresentation?
If you plan to take legal action, then you need to know how to build your case. Here are some places to look for evidence to support your claim:
- Internal communications that may demonstrate the requisite intent to mislead you into signing off on a contract.
- Records that show the harm you experienced by relying on the misrepresentations in question.
- External documentation that supports a showing that the representations were false and that the other party should’ve known that.
- Communications that you had with the other party that shows your reliance on the misrepresentations as well as how key facts were portrayed to you during contract negotiations.
Are you ready to act to protect your business interests?
If so, then now is the time to start building your legal arguments for your contract dispute. Be bold when you do so, as the outcome of your case can have a tremendous impact on the future of your business. That’s why if you need help with your case, then consider reaching out for the support you need to get through this trying time.