Category Archives: Tort Law

Primer on Fraudulent Conveyance Claims

The Fraudulent Conveyances Act provides that the court can declare a transfer of property void if the intention of the person who made the transfer was to defeat or delay his or her creditors. [1]  This can happen where an individual is attempting to hide assets from a creditor or ex-spouse.

The statute is designed to stop a debtor from hiding assets from creditors by fraudulently transferring the assets to another person.  If it is applicable, an Order under the statute makes property that was fraudulently conveyed available for execution on behalf of the creditors of the transferor.[2]

Tort Spotlight: Fraudulent Misrepresentation

Ever wonder what your options are if you’ve entered into a contract under false representations or promises?  One option is to bring a tort claim for “fraudulent misrepresentation”.  A fraudulent misrepresentation is one which was made with the knowledge that it is untrue and with the intent to deceive.  Fraud gives rise to effects in the law of contract and the law of tort.

Underused Tort of Injurious Falsehood

The tort of injurious falsehood (also known as trade libel) consists of the malicious publication of a falsehood concerning the plaintiff that leads other persons to act in a manner that causes actual loss, damage, or expense to the plaintiff. Injury to reputation is not a necessary element to this tort.

Claims for injurious falsehood often arise in the context of comparative advertising. The tort may also be characterized as commercial disparagement, slander or title, or malicious falsehood depending on the context of the publication.