Thank you for your follow up.Can I sue for lost of sale of property, emotional distress and would the action be called Malicious trespass. This is a Missouri case..
Not quite. Allow me to explain.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence
," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, you may possibly have causes of action of: FRAUD, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, CONVERSION, AND TRESPASS.
FRAUD: The elements of fraud are: 1) a representation; 2) its falsity; 3) its materiality; 4) the speaker's knowledge of its falsity, or his ignorance of its truth; 5) the speaker's intent that it should be acted on by the person and in the manner reasonably contemplated; 6) the hearer's ignorance of the falsity of the representation; 7) the hearer's reliance on the representation being true; 8) his right to rely thereon; and, 9) the hearer's consequent and proximately caused injury. Sofka v. Thal, 662 S.W.2d 502, 506 (Mo. banc 1983).
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: When extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another. Pretsky v. Southwestern Bell Telephone Company, 396 SW 2d 566 - Mo: Supreme Court, 1st Div. 1965
CONVERSION: Civil theft. The following three elements must be established to prove conversion: (1) plaintiff was the owner of the property or entitled to its possession; (2) defendant took possession of the property with the intent to exercise some control over it; and (3) defendant thereby deprived plaintiff of the right to possession. Weicht v. SUBURBAN NEWSPAPERS, 32 SW 3d 592 - Mo: Court of Appeals, Eastern Dist., 4th Div. 2000
TRESPASS: Self explanatory.
All of these can go on the same complaint. You only need to win ONE to be victorious, and ask the Court for actual and punitive damages. An attorney is recommended, of course.
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