Civil Litigation
Experience and Results
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Texas Fraud

© 2013 Mark Courtois

The elements of fraud are:(1) a material representation was made; (2) the representation was false; (3) when the representation was made, the speaker knew it was false or made it recklessly without any knowledge of the truth and as a positive assertion; (4) the speaker made the representation with the intent that the other party should act upon it; (5) the party acted in reliance on the representation; and (6) the party thereby suffered injury.  Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. of Am., 341 S.W.3d 323, 337 (Tex. 2011); Aquaplex, Inc. v. Rancho la Valencia, Inc., 297 S.W.3d 768, 774 (Tex. 2009).

There is a four statute of limitation for fraud claims. Tex. Civ. Prac. & Rem Code. § 16.004(a)(4).   But Texas' discovery rule provides that a cause of action accrues and statute of limitations begins to run when facts come into existence that authorize a claimant to seek a judicial remedy.  Hooks v. Samson Lonestar, L.P.,  2015 Tex. LEXIS 56, P*8 (Tex. 2014).  Accordingly, fraud claims must be brought within four years of when the fraud is discovered or in the exercise of reasonable diligence should have been discovered. Id.