Section 18 Fraudulent Misrepresentation Claim

• Library: Damages 2012

Missouri law recognizes a cause of action for fraud in the negotiation of an employment contract. O’Neal v. Stifel, Nicolaus & Co., 996 S.W.2d 700, 702 (Mo. App. E.D. 1999).

The elements of fraud are:

(1) a representation;

(2) its falsity;

(3) its materiality;

(4) the speaker’s knowledge of its falsity or ignorance of the truth;

(5) the speaker’s intent that the representation be acted upon by the hearer and in the manner reasonably contemplated;

(6) the hearer’s ignorance of [the] falsity of the representation;

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