Fraud vs. Breech of Contract?

Alternative theories can be pled given the facts of a particular case, so it is possible to plead both fraud and breach of contract in a given complaint. If there are sufficient facts to allege fraud this is a great cause of action because the relief can include punitive damages where, in a breach of contract claim, the relief is limited to the damages resulting from the breaching party’s failure to perform the terms and conditions of the agreement. In order to sufficiently plead a cause of action for fraud you must plead six elements and allege: (1) there was a false representation; (2) the misrepresentation was "material to the transaction," which means it must be an essential part of the agreement; (3) the party making the misrepresentation knew it was false or made the misrepresentation with reckless disregard as to whether it was true or not; (4) the misrepresentation was made with the intention of inducing the other party to act or to refrain from acting; (5) the misrepresentation was relied on by the other party; and finally (6) the party who relied on the misrepresentation suffered some damage. It is much more difficult to prevail on a claim for fraud than it is to prevail on a claim for breach of contract, but, if the facts support the claim, a cause of action for fraud should definitely be pled. Also, additional causes of action stemming from a claim for fraud include rescission, which means the Court can hold that the contract is void and never existed. Pursue your claim with vigor and hold the wrongdoer accountable if fraud was truly committed.