elements of a fraud claim (Alabama) · Go Syfert
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elements of a fraud claim in Alabama

11 Alabama opinions name it 2 courts 1993–2017 0 in the last five years

The cases below were cited by Alabama 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 (7)

CaseFollowedCited
Cato v. Lowder Realty Co.green
ala · 1993 · cited in 2 Alabama opinions naming this issue, 1999–2002
2 sentences

2002Fraud Claim The elements of a fraud claim under Alabama law are: *105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc., 744

2002Fraud Claim The elements of a fraud claim under Alabama law are: *Page 105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc .

22
Foremost Ins. Co. v. Parhamgreen
ala · 1997 · cited in 4 Alabama opinions naming this issue, 2002–2009
2 sentences

2009App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App. 2002).

2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002).

14
Brushwitz v. Ezellgreen
ala · 2000 · cited in 3 Alabama opinions naming this issue, 2002–2009
2 sentences

2009App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App. 2002).

2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002).

13
Ramsay Health Care, Inc. v. Follmergreen
ala · 1990 · cited in 3 Alabama opinions naming this issue, 1993–1998
2 sentences

1998Ala. Code 1975, § 6-5-101; Ramsay Health Care, Inc. v. Follmer, 560 So.2d 746, 749 (Ala.1990)." [2] McGarry v. Flournoy, 624 So.2d 1359 (Ala. 1993).

1995Ramsay Health Care, Inc. v. Follmer, 560 So.2d 746 (Ala.1990).

13
Cooley v. Gulf Bank, Inc.green
alacivapp · 1999 · cited in 1 Alabama opinions naming this issue, 2009–2009
1 sentence

2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002).

11
Carter v. Liberty Nat. Life Ins. Co.green
alacivapp · 2002 · cited in 1 Alabama opinions naming this issue, 2009–2009
2 sentences

2009App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App. 2002).

2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002).

11
Ex Parte Household Retail Services, Inc.green
ala · 1999 · cited in 1 Alabama opinions naming this issue, 2002–2002
2 sentences

2002Fraud Claim The elements of a fraud claim under Alabama law are: *105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc., 744

2002Fraud Claim The elements of a fraud claim under Alabama law are: *Page 105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
McGarry v. Flournoy green
ala · 1993
2 sentences

1998Ala. Code 1975, § 6-5-101; Ramsay Health Care, Inc. v. Follmer, 560 So.2d 746, 749 (Ala.1990)." [2] McGarry v. Flournoy, 624 So.2d 1359 (Ala. 1993).

1994The elements of a fraud claim are: (1) a misrepresentation of a material fact; (2) made willfully to deceive or recklessly without knowledge; (3) which was justifiably relied upon by the plaintiff under the circumstances; and (4) which caused damage as a proximate consequence. § 6-5-101 , Ala. Code 1975; McGarry v. Flournoy , 624 So.2d 1359 (Ala. 1993).

21994–1998
Harmon v. Motors Ins. Corp. green
ala · 1986
1 sentence

2017In its brief to this Court, Aliant quotes Harmon v. Motors Insurance Corp. , 493 So.2d 1370 , 1373 (Ala. 1986), in which this Court recited the elements of a fraud claim: "(1) a false representation; "(2) concerning a material fact; "(3) reliance upon the false representation, and; "(4) damage as a proximate result." Aliant then proceeds to detail the evidence it submitted to the trial court indicating that the invoices submitted by Four Star Investments, Twelve Oaks Properties, and B & B Construction contain false representations *924 concerning material facts before concluding that Aliant wa

12017–2017
Hickox v. Stover red
ala · 1989
2 sentences

2002In Household Retail Services, the Court applied the "justifiable-reliance standard" established in Hickox v. Stover, 551 So.2d 259 (Ala.1989), overruled, Foremost Insurance Co. v. Parham, 693 So.2d 409 (Ala.1997), because the action was filed before the Court returned to the "reasonable-reliance standard" in fraud cases in Foremost.

2002In Household Retail Services , the Court applied the "justifiable-reliance standard" established in Hickox v. Stover , 551 So.2d 259 (Ala. 1989), overruled, Foremost Insurance Co. v. Parham , 693 So.2d 409 (Ala. 1997), because the action was filed before the Court returned to the "reasonable-reliance standard" in fraud cases in Foremost .

12002–2002
Carter v. Innisfree Hotel, Inc. green
ala · 1995
1 sentence

2001Carter v. Innisfree Hotel, Inc., 661 So.2d 1174 (Ala.1995).

12001–2001

Where else courts name it

TX 18 (2006–2023) OH 16 (2000–2025) NY 16 (1991–2026) MI 12 (2005–2026) AL 11 (1993–2017) DE 7 (2017–2026) CA 7 (2013–2026) IL 6 (2003–2020) UT 6 (2009–2022) GA 4 (2004–2022) NC 3 (2014–2026) KY 3 (2015–2021) ME 3 (2009–2020) NV 3 (2018–2018) CT 2 (1998–2024) MN 2 (2014–2014) WI 2 (1978–2001) MD 2 (2004–2010)

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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