Section 8.8 Representations of Law

• Library: Tort Law 2016

4. (§8.8) Representations of Law

Generally, fraud cannot be predicated on misrepresentations of law or misrepresentations as to matters of law. See Bowles v. All Cntys. Inv. Corp., 46 S.W.3d 636, 639–40 (Mo. App. S.D. 2001); Fredrick v. Bensen Aircraft Corp., 436 S.W.2d 765, 770 (Mo. App. S.D. 1968). This rule is "based on the principle that everyone is presumed to know the law and is bound to take notice of the law and, therefore, in legal contemplation, cannot be deceived by representations concerning the law or permitted to say he has been misled." Bowles, 46 S.W.3d at 639–40 (quoting Lucas v. Enkvetchakul, 812 S.W.2d 256, 260 (Mo. App. S.D. 1991)). See also:

· Dettler v. Santa Cruz, 403 S.W.2d 651, 655 (Mo. App. E.D. 1966) (recognizing a seller’s statement that present zoning laws will permit a house to be used as a multiple-family dwelling is ordinarily not actionable as fraud, even if untrue)

· Link v. Cox, 529 S.W.2d 189, 191 (Mo. App. E.D. 1975) (recognizing that a representation that a product design is subject to

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