fraudulent-mis-representation | fraud | fraud vs breach of contract | statutory fraud | fraud in real estate
transactions | 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 MISREPRESENTATION

Under Texas law, common-law fraud and misrepresentation are the same cause of action. See Snyder
Commc'ns, L.P. v. Magana, 142 S.W.3d 295, 298 (Tex. 2004). A cause of action for fraud "requires a material
misrepresentation, which was false, and which was either known to be false when made or was asserted without
knowledge of its truth, which was intended to be acted upon, which was relied upon, and which caused injury."
Formosa Plastics Corp. v. Presidio Eng'rs and Contractors, Inc., 960 S.W.2d 41, 47-48 (internal quotations
omitted). "Proof that a party relied to its detriment on an alleged misrepresentation is an essential element of a
fraud claim." Haase v. Glazner, 62 S.W.3d 795, 798 (Tex. 2001). If a defendant induces a plaintiff into a contract
by using false representations, the plaintiff may claim fraud or fraudulent inducement. See Formosa Plastics
Corp., 960 S.W.2d at 46.

HOUSTON CASES

Schafer v. Frost National Bank (Tex.App.- Houston [14th Dist.] May 22, 2008)(Frost) (fraudulent representation)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost  
Before Justices Fowler, Frost and Seymore
14-06-00673-CV Susana Raquel Schafer and Cynthia Victoria Lentino, Marta A. Lentino Individually, Marta A.
Lentino as Assignee of Fabiola Vanesa Lentino, Michelle M. Lentino, Natalia Lentino, The Eduardo P. Lentino
Childrens Trust Fund and agent of Maria Raquel Lentino v. Frost National Bank f/k/a Cullen Center Bank and
Trust
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal




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