law-fraudulent-inducement | fraud vs breach of contract | common-law fraud |fraudulent concealment
statutory fraud | RESPA | | fraud | statutory fraud | fraudulent inducement of contract | fraudulent concealment
of tort or breach as limitations tolling theory | fraudulent misrepresentation | negligent misrepresentation |
breach of contract vs. fraud claim | Deceptive Trade Practices (DTPA) claim |


FRAUDULENT INDUCEMENT CAUSE OF ACTION

Courts recognize claims of fraudulent inducement to enter into a contract and fraud claims based on a
representations made with no intention of performing, whether or not the representation is later subsumed into
a contract. See Formosa Plastics Corp. USA v. Presidio Eng'rs & Contractors, Inc., 960 S.W.2d 41, 46 (Tex.
1998). In certain circumstances, the merger doctrine may apply to negate reliance on representations made
during negotiations that fraudulently induce a party to enter into a contract. See Schlumberger Tech. Corp. v.
Swanson, 959 S.W.2d 171, 177-81 (Tex. 1997); IKON Office Solutions, Inc. v. Eifert, 125 S.W.3d 113, 126-28
(Tex. App.-Houston [14th Dist.] 2003, pet. denied).
CHRISTUS HEALTH v. KONE INC., 14-07-00786-CV.Tex: Court of Appeals, 14th Dist., Houston 2009


Biosilk Spa, LP v. HG Shopping Centers, LP (Tex.App.- Houston [14th Dist.] May 8, 2008)(Yates) (fraud,
fraudulent inducement, negligent misrepresentation, and promissory estoppel, no reasonable reliance)
AFFIRMED: Opinion by Justice Brock Yates  
Before Price, Justices Brock Yates and Guzman
14-06-00986-CV Biosilk Spa, L.P., f.k.a. One Marengo, L.P. v. HG Shopping Centers, L.P.
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon




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