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  • Home
  • About
    • Kenneth A. Bohnert
    • Ted Lasley
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    • Chris F. Gorman
    • Scott A. Johnson
    • Richard M. Sullivan
    • Maureen P. Taylor
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  5. What triggers a fraud claim in business contracts?

What triggers a fraud claim in business contracts?

On Behalf of Conliffe, Sandmann & Sullivan, PLLC | Aug 28, 2025 | Business & Commercial Litigation

Business contracts are built on trust. Each side expects the other to deal honestly and keep promises. But when one party uses deception to gain an unfair advantage, the agreement can unravel quickly. Fraud claims often arise in these situations, and they can change the outcome of a business deal entirely.

False statements during negotiations

Fraud claims often begin with false information given during the contract process. If one side knowingly makes a statement that is untrue—about finances, assets, or the ability to perform obligations—the other side may have a claim. The key factor is intent. A simple mistake may not rise to the level of fraud, but intentional misrepresentation does.

Hiding or withholding important facts

Concealing material information can also trigger a fraud claim. For example, if a company knows about pending lawsuits or debt but hides that fact while signing a contract, the omission can be considered fraudulent. Fraud does not need to involve a direct lie; it can also involve keeping silent about something that changes the fairness of the deal.

Promises made without intent to follow through

A fraud claim may also arise when one party makes a promise they did not plan to keep. For instance, a business might agree to provide services or products with no real intention of delivering. Even though the contract includes a promise, the false intent behind it can give grounds for legal action.

The impact of reliance and harm

For a fraud claim to stand, the other party must have relied on the false statement or omission and suffered harm because of it. This reliance shows that the dishonesty directly influenced the decision to enter the contract, making the deception more than just bad behavior.

Fraud claims highlight the importance of honesty in contracts. When businesses commit to clear communication and transparency, they reduce the risk of disputes and lay the groundwork for stronger, more lasting partnerships.

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