David Saxe and Michael Mix Author Article on Breach of Contract and Fraudulent Inducement Claims.
February 6, 2020 - The Hon. David B. Saxe, (ret.) and Senior Counsel, Michael Mix, authored the article “Breach of Contract and Fraudulent Inducement Claims: Two Bites at the Apple?” that appeared in the New York Law Journal on January 13, 2020.
Judge Saxe and Mr. Mix analyze the longstanding New York doctrine that a cause of action for fraudulent inducement will not stand if the claim duplicates a concurrent claim for breach of contract. The article examines the factors that courts have employed in order to determine whether or not a fraud claim is duplicative of a contract claim, including whether or not the fraud claim alleges a misrepresentation of future intent, whether or not the two claims allege the same damages, and whether or not the fraud claim is asserted against a non-party to the contract.
Click here for a pdf of the article.