intentional misrepresentation claim (Tennessee) · Go Syfert
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intentional misrepresentation claim in Tennessee

11 Tennessee opinions name it 2 courts 2007–2018 0 in the last five years

The cases below were cited by Tennessee 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 (11)

CaseFollowedCited
Boling v. Tennessee State Bankgreen
tenn · 1994 · cited in 3 Tennessee opinions naming this issue, 2012–2016
2 sentences

2016Boling v. Tennessee State Bank, 890 S.W.2d 32, 35-36 (Tenn.1994) (quoting Restatement (Second) of Torts § 549 (1977)).

2016Boling v. Tennessee State Bank, 890 S.W.2d 32 , 35–36 (Tenn. 1994) (quoting Restatement (Second) of Torts § 549 (1977)).

23
Mills v. CSX Transportation, Inc.green
tenn · 2009 · cited in 2 Tennessee opinions naming this issue, 2010–2010
2 sentences

2010Mills v. CSX Transp., Inc., 300 S.W.3d 627, 631 (Tenn. 2009) (citing Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 8-9 (Tenn. 2008)).

2010Mills v. CSX Transp., Inc., 300 S.W.3d 627, 631 (Tenn.2009) (citing Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 8-9 (Tenn.2008)).

22
Sunderhaus v. Perel & Lowensteingreen
tenn · 1965 · cited in 2 Tennessee opinions naming this issue, 2010–2010
2 sentences

2010In Sunderhaus v. Perel & Lowenstein, this Court stated that the general rule is that “ordinarily representations of value made by one seeking to dispose of proper ty commercially are to be regarded as expressions of opinion ... not constituting a basis of fraud.” 215 Tenn. 619 , 388 S.W.2d 140, 142 (1965).

2010In Sunderhaus v. Perel & Lowenstein, this Court stated that the general rule is that “ordinarily representations of value made by one seeking to dispose of proper ty commercially are to be regarded as expressions of opinion ... not constituting a basis of fraud.” 215 Tenn. 619 , 388 S.W.2d 140, 142 (1965).

22
Hannan v. Alltel Publishing Co.red
tenn · 2008 · cited in 2 Tennessee opinions naming this issue, 2010–2010
2 sentences

2010Mills v. CSX Transp., Inc., 300 S.W.3d 627, 631 (Tenn. 2009) (citing Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 8-9 (Tenn. 2008)).

2010Mills v. CSX Transp., Inc., 300 S.W.3d 627, 631 (Tenn.2009) (citing Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 8-9 (Tenn.2008)).

22
White Ex Rel. Estate of White v. Lawrencegreen
tenn · 1998 · cited in 2 Tennessee opinions naming this issue, 2010–2010
2 sentences

2010A superseding cause “breaks the chain of proximate causation and thereby precludes recovery.” White v. Lawrence, 975 S.W.2d 525, 529 (Tenn. 1998).

2010A superseding cause “breaks the chain of proximate causation and thereby precludes recovery.” White v. Lawrence, 975 S.W.2d 525, 529 (Tenn.1998).

22
Baugh v. Novakgreen
tenn · 2011 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018In order to bring a successful fraudulent inducement claim, a plaintiff must prove that the defendant “(1) made a false statement concerning a fact material to the transaction (2) with knowledge of the statement’s falsity or utter disregard for its truth (3) with the intent of inducing reliance on the statement, (4) the statement was reasonably relied upon, and (5) an injury resulted from this reliance.” Baugh v. Novak, 340 S.W.3d 372, 388 (Tenn. 2011).

11
Tina Marie Hodge v. Chadwick Craiggreen
tenn · 2012 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017Hodges v. Craig, 382 S.W.3d 325, 343 (Tenn. 2012) (citing Walker v. Sunrise Pontiac– GMC Truck, Inc., 249 S.W.3d 301, 311 (Tenn. 2011); Lapinsky v. Cook, No. E2015– - 16 - 00735–COA–R3–CV, 2016 WL 5385849 , at *14 (Tenn. Ct. App. Apr. 20, 2016) (citations omitted).

11
David White v. Empire Express, Inc. and Empire Transportation, Inc.green
tennctapp · 2012 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017See White v. Empire Express, Inc., 395 S.W.3d 696, 717 (Tenn. Ct. App. 2012) (citation omitted). 6 Technically, we observe that Mr. Finch’s fifth raised issue also challenges the trial court’s decision to grant the Realtor Defendants summary judgment on the intentional misrepresentation claim.

11
Walker v. Sunrise Pontiac-GMC Truck, Inc.green
tenn · 2008 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017Hodges v. Craig, 382 S.W.3d 325, 343 (Tenn. 2012) (citing Walker v. Sunrise Pontiac– GMC Truck, Inc., 249 S.W.3d 301, 311 (Tenn. 2011); Lapinsky v. Cook, No. E2015– - 16 - 00735–COA–R3–CV, 2016 WL 5385849 , at *14 (Tenn. Ct. App. Apr. 20, 2016) (citations omitted).

11
Devorak v. Pattersongreen
tennctapp · 1995 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012See Devorak, 907 S.W.2d at 819 .

11
Kincaid v. SouthTrust Bankgreen
tennctapp · 2006 · cited in 1 Tennessee opinions naming this issue, 2010–2010
1 sentence

2010Fraudulent or Intentional Misrepresentation The defendants rely on the definition of fraud set forth in Kincaid v. SouthTrust Bank, 221 S.W.3d 32, 40 (Tenn. Ct. App. 2006), which requires an intentional misrepresentation.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Whaley v. Perkins green
tenn · 2006
1 sentence

2007In light of the essentially undisputed evidence that the seller’s predecessor-in-title had made no representations of any kind to the purchasers, the court concluded that no cause of action existed because “[t]here is simply no evidence that . . . [the seller’s predecessor-in-title] had any role in the . . . [seller’s] sale of the property to the . . . [purchasers].” Whaley v. Perkins, 197 S.W.3d 665 , 671- 72 (Tenn. 2006).

12007–2007

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 47-18-104 (4) TN § Tenn. Code Ann. § 47-18-109 (3) USC § 15u.s.c.45 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WI 18 (1991–2025) NV 14 (2020–2022) CA 13 (2011–2023) TN 11 (2007–2018) WA 4 (2007–2010) MN 4 (1991–2010) FL 4 (2004–2010) NY 3 (2013–2019) OR 2 (1994–2013) MS 2 (2000–2002) ME 2 (2003–2019)

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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