Section 14 Common Law Fraud

• Library: Motor Vehicle 2011

Because of the limitation on damages under the state and federal acts, a claimant may want to plead an alternative cause of action in common law fraud, allowing a potentially much greater recovery of punitive damages. A common law fraud claim is not preempted by the federal Motor Vehicle Information and Cost Savings Act, 15 U.S.C. §§ 1901 et seq. Edgar v. Fred Jones Lincoln-Mercury of Oklahoma City, Inc., 524 F.2d 162 (10^th Cir. 1975). Illustrative of the strategy are the following cases:

 2 

· Hughes v....