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· 10/21/1991

Bean v. Nelson

Citations

  • 307 Ark. 24
  • 817 S.W.2d 415
  • 1991 Ark. LEXIS 497

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that, “for a misrepresentation to a third party to constitute actionable fraud under Florida Rock, the defrauded party must be induced to act or forbear from acting as a result of the misrepresentation made to the third party”
  • defendant entitled to summary judgment where plaintiff pointed to no evidence showing a principal-agent relationship between the parties
  • a breach of contract occurs if a contracting party repudiates or renounces liability under the contract
  • “The general rule in Georgia is that ‘actionable fraud must be based upon a misrepresentation made to the defrauded party, and relied upon by the defrauded party.’”
  • A contracting party breaches a contract if it “repudiates or renounces liability under the contract; fails to perform the engagement as specified in the contract; or does some act that renders performance impossible.”
  • “The elements for a breach of contract claim in Georgia are the (1) breach and the (2) resultant damages (3) to the party who has the right to complain about the contract being broken.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Corbin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.