Massachusetts Jury Instruction - 3.1 Fraud - With Defense Of Waiver
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FAQ
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value.
Fraud in the Inducement (Count II) In order to state a claim of fraud in the inducement under Massachusetts law, the plaintiff must allege a false representation, material to the negotiations, upon which the plaintiff reasonably relied in entering into an agreement with the defendant.
To recover upon a claim of intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant intended to inflict emotional distress or knew or should have known that emotional distress would likely result from his conduct; (2) the defendant's conduct was extreme and outrageous, was beyond all ...
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
All crimes have two key parts: the act by the alleged perpetrator (known as the "actus reus") and the perpetrator's state of mind when the crime was committed (known as the "mens rea"). Specific Intent refers to the perpetrator's state of mind at the time of the commission of the crime.
Specific intent crimes involve knowingly committing the criminal act as well as an intent to cause a particular result by committing the act.
Massachusetts Courts: Criminl Intent. Mens rea is a legal phrase used to describe the mental state a person must be in while committing a crime for it to be intentional. It can refer to a general intent to break the law or a specific, premeditated plan to commit a particular offense.
In specific intent crimes, the prosecution must establish that the defendant not only engaged in the prohibited act (actus reus) but also harbored a particular mental state or purpose beyond the mere commission of the act.