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Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I switched my son from a 2000 strong school to a 200 strong

Customer Question

I switched my son from a 2000 strong school to a 200 strong boarding school after being diagnosed with leaning issues at the end freshman year. He was a successful crew team member. I contacted several schools..criteria 1)small size,2) rowing.
My son lost his father to suicude years earlier and the psychologist that tested him advised a small school and to absolutely keep him rowing. He was very successful at it and very proud of it. I chose this particular school because they said they were starting a rowing program that year and that my son could be a key player in helping launch their new program. We discussed how he would speak at the school meetings about his experience in order to help recruit lids etc.. We hosted an open house in our home town and invited all the rowers in my sons former school to urge them to consider this school and join him on the new rowing team. Many similar schools out there with rowing. The reason this school won was the leadership opportunity of launching the program.
It was all talk.the headmaster casually mentioned to me as I was leaving last spring that the rowing program was never an option due to the distance from the river and rowing center. It was the director of admissions that made all the elaborate statements about the new rowing program. My son grew disillusioned and academically a dabacle as I found out hus teachers were never even made aware of his learning issues he struggled failing almost am entire semester in an advanced math class before I went to campus and asked why he was even in this class failing with an IEP. The teacher I fired me he never knew my son had an IEP. I'm fairly sure most did not know. We are not returning. He spiraled there and now has poor grades for college. Do I have a case against these careless people for misrepresentation or anything at all? My damages are the disillusionment and loss of the sport he was passionate about, based on misinformation, the anxiety and turmoil involved in having to uproot my son to a 3rd HS in 4 years.. A hard to explain college transcript etc..
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Under Pennsylvania Law a business and/or its agents can be liable for fraudulent misrepresentation if a misrepresentation of fact or law is fraudulently made for the purpose of inducing another to act or refrain from acting. The elements of intentional or fraudulent misrepresentation are as follows:

(1) A representation;

(2) which is material to the transaction at hand;

(3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false;

(4) with the intent of misleading another into relying on it;

(5) justifiable reliance on the misrepresentation; and,

(6) the resulting injury was proximately caused by the reliance.

Bortz v. Noon, 729 A.2d 555, 560 (Pa. 1999).

The representation need not be in the form of a positive assertion. It can consist of anything calculated to deceive, whether by single act or combination, whether by suppression of truth or a suggestion of what is false, and it includes direct falsehoods, innuendos, silence, gestures, etc. There are two separate torts that impose liability for fraud notwithstanding the absence of an positive assertion: (1) Fraudulent Concealment; and (2) Fraudulent Nondisclosure. See, e.g., Youndt v. First Nat. Bank of Port Allegany, 868 A. 2d 539 (Pa. Super. 2005).

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Customer: replied 1 year ago.
Are our damages in line with those that a court would find worthy of a lawsuit?
Expert:  Maverick replied 1 year ago.

You will most likely have to hire an economic expert to translate the damages in a form that is acceptable for a fraud claim. In PA fraud cases, the plaintiff is entitled to be fairly and adequately compensated:

(1) in an amount measured by the difference between the value he/she gave and the value he/she received in the transaction, and

(2) for all monetary losses otherwise suffered as a result of the fraud in an amount measured by the difference between the value he/she gave and the value he/she was promised in this transaction sufficient to give them the benefit of the original agreement.

(3) If you can show malice then you may be entitled to recover punitive damages;

(4) If the fraud claim qualifies as an unfair trade practice under the consumer protection act, you may be able to seek three times your specific damages.

Emotional distress does not appear to be a damage component of a PA fraud claim.