Section 8.10 Representation Must Be Material

• Library: Tort Law 2016

C. (§8.10) Representation Must Be Material

The fraudulent representation also must be material to the transaction in question. As with all other elements, the failure to allege and prove materiality is fatal to recovery. Latta v. Robinson Erection Co., 248 S.W.2d 569, 576 (Mo. banc 1952); Wampler v. Mueller, 623 S.W.2d 27, 28 (Mo. App. E.D. 1981).

A material misrepresentation is one that "would be likely to affect the conduct of a reasonable man." Constance v. B.B.C. Dev. Co., 25 S.W.3d 571, 583 (Mo. App. W.D. 2000) (quoting Travelers Indem. Co. v. Harris, 216 F. Supp. 420, 423 (E.D. Mo. 1961)); see alsoSchoen v. Lange, 256 S.W.2d 277, 281 (Mo. App. E.D. 1953) ("[A] representation is material if it relates directly to the matter in controversy and is of such a nature that the ultimate result would not have followed if there had been no representation, or if the one who acted upon it had been aware of its falsity."); Best v. Culhane, 677 S.W.2d 390, 394 (Mo. App. E.D. 1984).

The test of materiality is objective. Carnahan v. Am. Family Mut....