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Business Fraud & Fiduciary Duty

Misrepresentation, fraudulent inducement, nondisclosure, embezzlement and breach of fiduciary duty: elements, remedies, defenses and deadlines under Texas law.

24 guides on business fraud & fiduciary duty, page 2 of 3Showing 10 to 18

Business Fraud & Fiduciary Duty I Was Lied To Before Signing. Fraudulent Inducement in Texas If a false statement induced you to sign, Texas lets you rescind the contract or keep it and sue for damages. A merger clause does not block the claim; a reliance disclaimer can. 6 min readDraft Business Fraud & Fiduciary Duty Is It Fraud or Just a Broken Promise? Fraud vs. Breach of Contract A broken promise is breach of contract. It becomes fraud only if the promise was made with no intention of keeping it, proven by more than the fact that it was not kept. 5 min readDraft Business Fraud & Fiduciary Duty My Business Was Accused of Fraud. How to Defend the Claim Fraud claims fail on specific elements: no statement of fact, no knowledge, no justifiable reliance, a reliance disclaimer, the economic loss rule or limitations. 6 min readDraft Business Fraud & Fiduciary Duty Negligent Misrepresentation: When a Careless Statement Costs You Negligent misrepresentation covers a false statement made carelessly rather than knowingly. Texas allows the claim but limits recovery to out-of-pocket loss, no punitive award. 5 min readDraft Business Fraud & Fiduciary Duty Recovering Stolen Business Assets: Constructive Trusts and Tracing A judgment against a thief who is broke is paper. Constructive trusts, tracing, equitable liens and fraudulent transfer claims follow the money into what it became. 7 min readDraft Business Fraud & Fiduciary Duty Remedies for Breach of Fiduciary Duty: Disgorgement, Fee Forfeiture and More A fiduciary who breaches can be made to pay your losses, give up the profits and fees they earned and return property, even without proof of loss. Punitive damages need more. 6 min readDraft Business Fraud & Fiduciary Duty Should I Report Business Fraud to the Police or Sue? You can do both. A criminal case can bring restitution but you do not control it; a civil suit gives control, discovery and full damages at your cost. Sequence matters. 7 min readDraft Business Fraud & Fiduciary Duty Statutory Fraud in Real Estate and Stock Transactions in Texas Section 27.01 makes false statements and promises in Texas real estate and corporate stock deals actionable without proving the speaker knew they were false, plus attorney fees. 6 min readDraft Business Fraud & Fiduciary Duty The Business I Bought Was Misrepresented. Claims Against the Seller A misled buyer usually has two tracks: the purchase agreement's representations and indemnity, and fraud claims that can escape the agreement's caps. The contract decides which. 7 min readDraft
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