3 Blunders of Fraud You Shouldn't Fall For

When a person commits contract fraud, they do in one of two ways: by knowingly making a false statement that tricks the other party to sign the contract; or by misrepresenting relevant information which the other party relies on when entering the agreement.
For a contract to be valid it must have the necessary ingredients, but it also requires both parties to consent to the agreement freely. Therefore, if any element of fraud or misrepresentation is found, the agreement may be void.
3 Types of Contract Fraud-Misrepresentation
Misrepresentation
Misrepresentation refers to a false statement regarding a material fact which affects the innocent party’s decision to enter into the contract. Misrepresentation does not refer to opinions or predictions, it only refers to statements of facts. In our example with Bob and John, if Bob tells John that he thinks this agreement will make John a rich man, this will likely be found to be an opinion or a prediction. However, if Bob misunderstands a financial report and tells John that based on this report he will make a substantial profit, this is considered misrepresentation.
There are 3 types of Misrepresentation: Innocent Misrepresentation, Negligent Misrepresentation, and Fraudulent Misrepresentation
1. Innocent Misrepresentation
Innocent misrepresentation is a false statement regarding the material facts, however, the party who has committed the misrepresentation is unaware at the time the contract is signed that the statement was untrue. In this situation, the remedy is usually the cancellation of the contract.
2. Negligent Misrepresentation
Negligent misrepresentation is a false statement that the guilty party makes, which they did not attempt to verify was true prior to signing. This type of misrepresentation violates the fact that parties must take “reasonable care” before entering into a contract. The remedy for negligent misrepresentation is the cancellation of the contract and possibly damages.
3. Fraudulent Misrepresentation
Finally, fraudulent misrepresentation is a statement the guilty party makes which they know is false or that they made recklessly to cause the other party to enter into the contract.
*Note: this is the fraud in the inducement which we discussed previously. The innocent party is able to void the contract and can also seek damages from the guilty party.
What is the difference between a breach of a contract and fraud?
The difference between committing a contract breach and contract fraud is a fine line. A breach of contract is more concerned with disappointed expectations, fraud, on the other hand, deals with intent to inflict financial harm. Generally, breaches in the contract are based on misunderstandings (i.e. bad contract formation), non-performance or non-conforming performance. Breach of contract is usually opinion-driven and remedies are non-punitive (do not punish) and the innocent party is usually limited to recovery based on an economic loss. Fraud, on the other hand, is more fact-based. It involves dishonest conduct by the guilty party and the innocent party can recover not only an actual loss but also punitive (punishing) remedies as well. A breach of a contract, however, becomes fraud when the guilty party commits misrepresentation.
How can a lawyer help?
Fraud is a serious issue that has equally serious implications. Regardless of which type of misrepresentation is found, the outcome is generally the contract being canceled or void and in some instances, the innocent party could seek damages. Due to the seriousness of fraud in a contract, it is beneficial to engage a lawyer if you are being accused of or have been a victim of fraud. A lawyer can help you navigate the difficulties this situation brings and can help you understand your rights.
As there is a fine line between a breach of a contract and fraud, a guilty party can unintentionally commit fraud by making a false statement. Fortunately, a lawyer can help you avoid these situations altogether. Involving a lawyer in conversations before the signing of a contract can not only help you avoid making these unintentional false statements but also help you understand the implications of doing so. There will always be communication between parties before a contract has been signed, and these conversations must be handled with care. Involving a lawyer will help ensure that this is the case and can help protect you from any future disputes involving fraud and/or misrepresentation.