question archive Patricia has sued Dahlia for fraud (a state law claim) in Texas state district court
Patricia has sued Dahlia for fraud (a state law claim) in Texas state district court
Subject:LawPrice:2.86 Bought3
Patricia has sued Dahlia for fraud (a state law claim) in Texas state district court. Under Texas law, a fraud claim has six elements. The parties have not conducted any discovery in the case yet. Dahlia is certain, though, that Patricia will not be able to produce any admissible evidence in support of the element of reliance. Dahlia files a motion to dismiss with the court, arguing that Patricia cannot produce admissible evidence in support of the reliance element, so the court should dismiss Patricia's suit. Patricia files a response to Dahlia's motion arguing that the case should go forward. If, after reviewing Dahlia's motion and Patricia's response, the judge agrees with Dahlia, the judge must grant Dahlia's motion and dismiss the case.
a)true
b)false
Purchase A New Answer
Custom new solution created by our subject matter experts
GET A QUOTE
Answer Preview
a)true
Step-by-step explanation
- In prevailing on a common law fraud claim, the plaintiff must prove, in the form of evidence, that there was a form of misrepresentation by the defendant
- the case of fraud and misrepresentation has to be factual, as well as being the proximate cause of the detriment by the plaintiff for the case to be escalated and determined
- In this case,if Patricia does not have the necessary evidence to prove this claims, then the judge will not have any other option other than to dismiss this case
