prima facie fraud claim in Rhode Island

2017Laws Sec. 11-18-6.” “To establish a prima facie fraud claim, ‘the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the plaintiff justifiably relied thereon to his or her damage.’ ” McNulty v. Chip, 116 A.3d 173, 182-83 (R.I. 2015) (quoting Parker v. Byrne, 996 A.2d 627, 634 (R.I. 2010)).

2016Specifically, he contends that the trial justice “found that both of the Aiellos were dishonest not only in their testimony, but also in their dealings with [plaintiff].” As a result, plaintiff maintains that the trial justice erroneously concluded that the Aiellos simply changed their minds when they decided to sell RRM to someone other than plaintiff: The defendants posit that the trial justice’s credibility findings do not meet the legal requirements of a fraud or negligent misrepresentation claim. ’ “To establish a prima facie fraud claim, ‘the plaintiff must prove that the defendant made

2016See Parker v. Byrne, 996 A.2d 627, 634 (R.I.2010) ("To establish a prima facie fraud claim, 'the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the plaintiff justifiably relied thereon to his or her damage.’ ” (quoting Bitting v. Gray, 897 A.2d 25, 34 (R.I.2006))).

2015“To establish a prima facie fraud claim, ‘the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the plaintiff justi *183 fiably relied thereon to his or her damage.’ ” Parker v. Byrne, 996 A.2d 627, 684 (R.I.2010) (quoting Bitting v. Gray, 897 A.2d 25, 34 (R.I.2006)). “ ‘[A] party who has been induced by fraud to enter into a contract’ may elect either to rescind the contract,' or ‘to affirm the contract and sue for damages in an action for intentional deceit or misrepresentation.’ ” Stebbins v. Wells, 766 A

2025See Cote v. Aiello, 148 A.3d 537, 548 (R.I. 2016) (“To establish a prima facie fraud claim, the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the 3 Under G.L. 1956 § 6A-3-204(a) (“Indorsement”), “For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.” Section 6A-3-113 states: “An instrument may be antedated or postdated.” We leave for another day any discussion regarding how these provisions might impact an allonge and p

2017Laws Sec. 11-18-6.” “To establish a prima facie fraud claim, ‘the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the plaintiff justifiably relied thereon to his or her damage.’ ” McNulty v. Chip, 116 A.3d 173, 182-83 (R.I. 2015) (quoting Parker v. Byrne, 996 A.2d 627, 634 (R.I. 2010)).

2011Our high court again provides guidance: To establish a prima facie fraud claim, "the plaintiff must prove that the defendant made a false representation intending thereby to induce plaintiff to rely thereon and that the plaintiff justifiably relied thereon to his or her damage." Bitting v. Gray , 897 A.2d 25 , 34 (R.I. 2006) ( quoting Bogosian v. Bederman , 823 A.2d 1117 , 1120 (R.I. 2003)) *Page 11 (internal quotation marks omitted).

2010This argument is wholly unavailing. [11] To establish a prima facie fraud claim, “the plaintiff must prove that the defendant made a false representation intending thereby to induce plaintiff to rely thereon and that the plaintiff justifiably relied thereon to his or her damage.” Bitting v. Gray, 897 A.2d 25, 34 (R.I.2006) (quoting Bogosian v. Bederman, 823 A.2d 1117, 1120 (R.I.2003)) (internal quotation marks omitted).

2025See Cote v. Aiello, 148 A.3d 537, 548 (R.I. 2016) (“To establish a prima facie fraud claim, the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the 3 Under G.L. 1956 § 6A-3-204(a) (“Indorsement”), “For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.” Section 6A-3-113 states: “An instrument may be antedated or postdated.” We leave for another day any discussion regarding how these provisions might impact an allonge and p

2016Moreover, Behroozi has failed to produce any evidence — beyond mere allegations — to substantiate her claim that Kirshenbaum made any fraudulent misrepresentations to the Family Court. "[A] party ‘opposing a motion for summary judgment has the burden of proving by competent evidence the existence of a disputed issue of material fact and cannot rest upon mere allegations * * * in the pleadings, mere conclusions, or mere legal opinions.’ ” Toegemann v. City of Providence, 21 A.3d 384, 386 (R.I.2011) (quoting Poulin v. Custom Craft, Inc., 996 A.2d 654, 658 (R.I.2010)).

2016Moreover, Behroozi has failed to produce any evidence — beyond mere allegations — to substantiate her claim that Kirshenbaum made any fraudulent misrepresentations to the Family Court. "[A] party ‘opposing a motion for summary judgment has the burden of proving by competent evidence the existence of a disputed issue of material fact and cannot rest upon mere allegations * * * in the pleadings, mere conclusions, or mere legal opinions.’ ” Toegemann v. City of Providence, 21 A.3d 384, 386 (R.I.2011) (quoting Poulin v. Custom Craft, Inc., 996 A.2d 654, 658 (R.I.2010)).

2015“To establish a prima facie fraud claim, ‘the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the plaintiff justi *183 fiably relied thereon to his or her damage.’ ” Parker v. Byrne, 996 A.2d 627, 684 (R.I.2010) (quoting Bitting v. Gray, 897 A.2d 25, 34 (R.I.2006)). “ ‘[A] party who has been induced by fraud to enter into a contract’ may elect either to rescind the contract,' or ‘to affirm the contract and sue for damages in an action for intentional deceit or misrepresentation.’ ” Stebbins v. Wells, 766 A

2015“To establish a prima facie fraud claim, ‘the plaintiff must prove that the defendant made a false representation intending thereby to induce [the] plaintiff to rely thereon and that the plaintiff justi *183 fiably relied thereon to his or her damage.’ ” Parker v. Byrne, 996 A.2d 627, 684 (R.I.2010) (quoting Bitting v. Gray, 897 A.2d 25, 34 (R.I.2006)). “ ‘[A] party who has been induced by fraud to enter into a contract’ may elect either to rescind the contract,' or ‘to affirm the contract and sue for damages in an action for intentional deceit or misrepresentation.’ ” Stebbins v. Wells, 766 A

2015In LaFazia v. Howe, 575 A.2d 182, 183 (R.I.1990), the parties discussed, at length, the profitability of a delicatessen before it was sold to the plaintiff-buyers.