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Although it is "correct that fraud requires a plaintiff to show that a party 'reasonably' relied on a supposed misrepresentation," it is "wrong that such reasonable reliance imposes a duty on a plaintiff to perform 'an investigation of all assertions

The trial court acted correctly when it prevented defendant-White from suggesting to the jury that plaintiff-Associated Construction was obligated to investigate his assertions that he could pay for the renovation project. Thus, the court affirmed the jury verdict in favor of plaintiff. Associated Construction is a small construction business owed by the Ms. In 2008, White contacted the Ms, whom he had dealt with in a previous construction project, and asked them to renovate an office building in which his company, defendant-8800 Commerce, was a tenant. Commerce did not complete payments for the project. White informed the Ms in 12/08 that "he did not have the money to retire the debt, and also told them that he planned to go into bankruptcy." After prior appellate proceedings, a trial was conducted on Associated Construction's fraud claim against White. On appeal, White asked the court to reverse the jury's findings because "(1) Associated Construction's reliance on his supposed assurances was not 'reasonable,'; and (2) for this reason, the jury verdict form, which contained a definition of fraud that did not emphasize the necessity of showing 'reasonable' reliance, was erroneous." Associated Construction asked the court to uphold the ruling of the trial court, and repeated its argument that "White personally defrauded the company because he claimed he would personally pay for the costs of the renovation." The court held that although White was "correct that fraud requires a plaintiff to show that he 'reasonably' relied on a supposed misrepresentation," he was "wrong that such reasonable reliance imposes a duty on a plaintiff to perform 'an investigation of all assertions and representations made by [his] contracting partner[.]'" 

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

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College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

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PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

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