Sleep Better at Night With Answers to Your Top Questions on Virginia Brain Injury Claims
Experiencing something as traumatic as an accident in Chesterfield County can leave your head spinning with questions and uncertainty. Get the answers you need fast in this FAQ series from Richmond brain injury attorney Kevin Mottley.
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What is fraud?
In Virginia, a person who has been defrauded may have a civil claim for damages against the person who defrauded the plaintiff. A fraud is, in essence, a lie that has been relied upon by someone and, as a result, has caused damage to the person who relied on the truthfulness of the lie. In legal jargon, an "actual fraud" is defined as a misrepresentation of a material fact, knowingly and intentionally made, with the intent to mislead another person, which that person relied upon with the result that he or she (or it, in the case of a company) was damaged by it. Frauds come in two different types: actual fraud and constructive fraud. Constructive fraud happens when someone says something that is not truthful, but the falsehood was made "innocently" and "negligently," as opposed to "knowingly and intentionally." Fraud cases are very complicated and all sorts of nuances to the above definitions exist under the law. Therefore, if you suspect you have been the victim of a fraud, you should consult with a Virginia attorney about the matter so that you can understand whether you should seek relief in court.
What is a business conspiracy?
Virginia is unique in that it has a criminal statute making it illegal for two or more persons to conspire to harm another person in his or her trade, business, or profession. Although the statute is a criminal statute, it gives rise to a civil lawsuit for treble damages, and I suspect that the statute is actually used more often in civil cases than in criminal cases. So, what is required to show a violation of the business conspiracy statute in Virginia?
First, it must be shown that the defendant and at least one other person acted in concert, agreed, associated, mutually undertook, or combined together for some purpose. Second, it must be shown that the conspirators intentionally, purposefully, and without lawful justification injured the plaintiff in his, her, or its reputation, trade, business, or profession. Third, it must be shown that the plaintiff actually suffered damage as a result of the conspiracy. If each of these elements is shown, the plaintiff may be entitled to recover treble damages plus attorney's fees as a result of the conspiracy.
Business conspiracy law is incredibly confusing in Virginia. The foregoing definition is a generalization. For you to understand whether you may have experienced a business conspiracy that may be redressed in court, you really need to have the matter evaluated by a Virginia attorney.
What is tortious interference with contract?
First, let's get the name right. It is not "tortuous" interference with contract. It is "tortious" interference with contract. (These cases can indeed be "tortuous" to handle. But that is not the name of the cause of action.)
A tortious interference cause of action arises when (a) there is a valid contract or business expectancy between the plaintiff and a party other than the defendant, (b) someone who is not a party to the contract (the defendant) has knowledge of its existence, (c) the defendant intentionally causes the contract to be broken (breached) by one of the parties to the contract (not the plaintiff) and (d) the breach of contract causes damages to the plaintiff. If each of these elements are present, a tortious interference with contract case may exist. If the contract in question was "terminable at will," meaning that either party had the legal right to break it, a case may still exist. However, an additional showing must be made by the plaintiff that the defendant used "improper methods" to interferfere with the contract that was terminable at will. This same additional requirement applies to legal relationships that are in the category of business "expectancies" but that do not rise to the level of a contract. Business expectancies may also be interfered with in a way that leads to liability for damages. But improper methods of interference must be shown.
What is a breach of contract?
Most business disputes involve a contract and an allegation that someone has broken a promise contained in the contract. What is a "breach of contract" case? A breach of contract is when one party a contract breaks a promise that is embodied in the contract. To have a case for breach of contract, it is necessary to show the existence of a legally enforceable contract, oral or written, a material breach (violation) of the contract by one of the parties to the contract, and damages resulting from the breach of contract.