viable tort claim (Virginia) · Go Syfert
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viable tort claim in Virginia

5 Virginia opinions name it 3 courts 2013–2025 3 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Abi-Najm v. Concord Condominium, LLCgreen
va · 2010 · cited in 3 Virginia opinions naming this issue, 2019–2023
2 sentences

2023The five elements of fraud in the inducement are: (1) “false representation,” (2) “of a material fact,” (3) which induces the contract, (4) “on which the [other party] had a right to rely,” Abi-Najm v. Concord Condo., LLC, 280 Va. 350, 362 (2010), and (5) results in damages, State Farm Mut.

2023The five elements of fraud in the inducement are: (1) “false representation,” (2) “of a material fact,” (3) which induces the contract, (4) “on which the [other party] had a right to rely,” Abi-Najm v. Concord Condo., LLC, 280 Va. 350, 362 (2010), and (5) results in damages, State Farm Mut.

33

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Tingler v. Graystone Homes, Inc. green
va · 2019
2 sentences

2025Such claims “logically preexist before the contract [was] allegedly induced and thus stand as a viable tort claim.” Nestler v. Scarabelli, 77 Va. App. 440 , 463 (2023) (alteration in original) (quoting Tingler v. Graystone Homes, Inc., 298 Va. 63 , 82 n.11 (2019)). -7-

2023The source of duty rule “has no application to a claim of fraudulent inducement of a contract,” id., as such claims “logically preexist before the contract [was] allegedly induced and thus stand as a viable tort claim,” Tingler, 298 Va. at 82 n.11.

32023–2025
Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc. green
va · 1998
2 sentences

2023The source of duty rule “has no application to a claim of fraudulent inducement of a contract,” id., as such claims “logically preexist before the contract [was] allegedly induced and thus stand as a viable tort claim,” Tingler, 298 Va. at 82 n.11.

2023The source of duty rule “has no application to a claim of fraudulent inducement of a contract,” id., as such claims “logically preexist before the contract [was] allegedly induced and thus stand as a viable tort claim,” Tingler, 298 Va. at 82 n.11.

32013–2023
John E. Nestler, M.D. v. Tiziano Scarabelli, M.D. green
vactapp · 2023
1 sentence

2025Such claims “logically preexist before the contract [was] allegedly induced and thus stand as a viable tort claim.” Nestler v. Scarabelli, 77 Va. App. 440 , 463 (2023) (alteration in original) (quoting Tingler v. Graystone Homes, Inc., 298 Va. 63 , 82 n.11 (2019)). -7-

12025–2025

Where else courts name it

GA 7 (1984–2013) VA 5 (2013–2025) NY 5 (2008–2019) TX 4 (2016–2020) OH 3 (2022–2025) OK 3 (1985–2008) MD 3 (2007–2021) IL 2 (2003–2003) UT 2 (2022–2022) WA 2 (1997–1997) CO 2 (1997–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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