Actual fraud – MAIDS
1) misrepresentation of a material fact
2) actual & justifiable reliance
3) intent to induce reliance
4) damages
5) scienter (intent to deceive)
Constructive fraud – MAID-R
1) misrepresentation of a material fact
2) actual & justifiable reliance
3) intent to induce reliance
4) damages
5) recklessness
Negligence
1) owed a duty of care
2) breached the duty of care
3) damages
4) damages were caused by breach
Section 11 of the 1933 Act
1) plaintiff acquired the stock
2) plaintiff suffered a loss
3) there was a material misrepresentation or material omission
Rule 10b-5 of the 1934 Act
1) plaintiff acquired the stock
2) plaintiff suffered a loss
3) there was a material misrepresentation or material omission
4) scienter
5) justifiable reliance
6) there was some means of interstate commerce
Statute of Frauds – MYLEGS
1) marriage
2) contracts that cannot be performed in one year
3) interests in land
4) executors paying estate debts out of personal funds
5) sale of goods for $500 or more
6) surety contracts
Statute of Frauds exceptions – SWAP
1) specially manufactured goods
2) written confirmatory memo, object within 10 days
3) contracts admitted in court
4) contract that have been performed
B - 81
A - 87
R - 73
F - July 5th