Indiana Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
Misrepresentation may be of two types: fraudulent (in the execution or in the inducement) and nonfraudulent (negligent or innocent).
Under Indiana law, the three elements of a breach of contract claim are (1) the existence of a contract, (2) the defendant's breach thereof, and (3) damages suffered as a result.
Fraud can also be ?passive,? i.e., where a broker deceives a buyer by failing to reveal a material defect in the property that he knows to exist and would likely change the buyer's actions in purchasing the property if he was made aware of it. Intentional Misrepresentation or Active Fraud.
Innocent misrepresentation examples include a seller unknowingly offering defective merchandise, or if a person on Craigslist sells a used TV but does not know it's broken. Misrepresentation is a legal term meaning a false statement that has an impact on a contract.
The wrongful act (tort) ?infliction of emotional distress? is made up of four elements: The defendant engaged in ?extreme and outrageous? conduct towards the plaintiff; The action was intentional or recklessly negligent; The action in question was the cause of the plaintiff's complaint; and.
There are three main types of misrepresentation: Fraudulent misrepresentation. Negligent misrepresentation. Innocent misrepresentation.
Negligent infliction of emotional distress in Indiana occurs when a plaintiff is involved in a gruesome or distressing event caused by another party's negligence. In Indiana, the bystander rule states that a claimant must actually witness a portion of the injury-producing event or come to the scene soon thereafter.
Fraud can also be ?passive,? i.e., where a broker deceives a buyer by failing to reveal a material defect in the property that he knows to exist and would likely change the buyer's actions in purchasing the property if he was made aware of it.