Section 8.12 Reliance

• Library: Tort Law 2016

1. (§8.12) Reliance

The test of whether a plaintiff relied on a misrepresentation is whether the representation was a material factor influencing final action. Grossoehme v. Cordell, 904 S.W.2d 392, 397 (Mo. App. W.D. 1995); see also Hereford v. Unknown Heirs of Tholozan, 315 S.W.2d 412, 420 (Mo. 1958) (recognizing that the test of reliance is whether the plaintiff would have acted had the plaintiff known the truth). It is not required, however, that a party rely exclusively on a representation:

"It has been held repeatedly that it is not necessary to show that false representations complained of were the sole inducing cause, but that it is enough if they were an effective cause along with other considerations; that is, if they excited a material influence on plaintiff’s mind, although they constituted only one of several motives which acting together produced the result, it is sufficient."

Jeck v. O’Meara, 122 S.W.2d 897, 903–04 (Mo. 1938) (quoting Weston v. Am. Nat. Assur. Co., 32 S.W.2d 789, 791–92 (Mo. App. E.D. 1930)); see also:

· Refrigeration Indus., Inc. v. Nemmers, 880 S.W.2d 912, 917 (Mo.

...