Practice point: Plaintiff's fraud claim failed because merely alleging
that the breach of a contract duty arose from a lack of due care does not transform a simple breach of contract into a tort.
Student note: An actionable fraud claim requires proof that the
defendant made a misrepresentation of fact which was false and known to
be false, and that the plaintiff reasonably or justifiably relied on that misrepresentation.
Case: Waterscape Resort LLC v. McGovern, NY Slip Op 04709 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: An erroneous jury charge in a falling object case.
