Tort Law

Frank DiEva

9/25/2012

PA310: Tort Law

Unit 6 Assignment

Kaplan University

To: Supervising Attorney, Janet Jones

From: Paralegal, Frank DiEva

Date: 9/26/2013

Re: Rob Sherman Jr., Rob Sherman Sr. and Bunny Sherman individually and as next parents of Rob Sherman Jr., Plaintiffs, v. Church of the Divine Light, Defendant.

ISSUE: Can Rob or Rob’s parents sue John Marsden and Church of the Divine Light for

Intentional misrepresentation or fraud?

RULE: Fraud is “a knowing misrepresentation of the truth, or concealment of a material

of fact, to induce another to act to his or her detriment.”Black’s Law Dictionary, (9th ed.,

2009). It is “a tort arising from a knowing representation, concealment of a material

fact.” Black’s Law Dictionary, (9th ed.,

2009) Misrepresentation is “the act of making a false, or misleading assertion about

something, usually with the intent to deceive. The essential elements of a cause of action

for the intentional tort of fraud or deceit are : “Fraud is an intentional tort, the elements of

which are (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud, i.e. to

induce reliance; (4) justifiable reliance and (5) resulting damages.” Intrieri v. Superior

Court, 12 Cal. Rptr. 3d 97, Cal. App. 6 Dist., 2004. Fraudulent misrepresentation is “a

knowing misrepresentation of the truth or concealment of a material fact to induce

another to act to his or her detriment.” Black’s Law Dictionary, 9th ed. (2009).

Scienter is also an element of fraud. It is “a degree of

knowledge that makes a person legally responsible for the consequences of his or her act

or omission; the fact of an act’s having been done knowingly, esp. as a ground for civil

damages or criminal punishment.” Black’s Law Dictionary, Fourth Pocket Edition.,

p. 670. It is also “a mental state consisting in an intent to deceive, manipulate, or

defraud.” Black’s Law Dictionary,...