Section 8.9 Defendant Knew of the Falsity of the Representation

• Library: Tort Law 2016

B. (§8.9) Defendant Knew of the Falsity of the Representation

The plaintiff must prove scienter to prove fraudulent misrepresentation. Young v. Allstate Ins. Co., 759 F.3d 836, 841 (8^th Cir. 2014) ("To prove fraudulent misrepresentation, Missouri law requires proof that the representing party ‘knew the statement was untrue or was reckless as to whether the statement was true or false.’") (applying Missouri law) (quoting Ryann Spencer Grp., Inc. v. Assurance Co. of Am., 275 S.W.3d 284, 290 (Mo. App. E.D. 2008)). The plaintiff may establish scienter of the alleged tortfeasor with proof that the tortfeasor had actual knowledge of the falsity of the representation or by showing recklessness. Id. The plaintiff shows recklessness by "establishing that the party made representations ‘with the consciousness that he was without knowledge as to their truth or falsity, when, in fact, they were false.’" Young, 759 F.3d at 841 (quoting Colgan v. Wash. Realty Co....