A Relatively Small Exception to Fraud and Contract Don’t Mix

English: Alexandria, Virginia U.S. Custom Hous...

English: Alexandria, Virginia U.S. Custom House and Post Office (1900) Completed in 1858. Architect: Ammi B. Young (Photo credit: Wikipedia)

Remember all of my posts about how fraud and contract claims don’t usually play well in litigation?  Well, as always with the law, there are exceptions.  For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge.

A recent opinion out of the Alexandria division of the U. S. District Court for the Eastern District of Virginia sets out another exception, namely so called fraudulent inducement.  In XL Specialty Ins. Co. v. Truland et al, the Court considered the question of whether both a tort and contract claim can coexist in the same lawsuit when the tort claim is based upon the information provided to the plaintiff when that information proves false.

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About musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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