751 So. 2d 504 - Bailey v. Rowan’s Empirical Analysis
1999
Citation profile
2 state decisions
Relationships
Relies on 531 So. 2d 860 - Bussey v. John Deere Co. · Foremost Ins. Co. v. Parham · 702 So. 2d 462 - Ex Parte Lumpkin · 703 So. 2d 303 - Locklear Dodge City, Inc. v. Kimbrell · 729 So. 2d 299 - Ex Parte Government Employees Ins. Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under present Alabama law, in order to succeed on a fraud or misrepresentation claim, a plaintiff must establish: (1) a false representation by the defendant concerning an existing material fact; (2) a representation that (a) the defendant knew was false when it was made, (b) was made recklessly and without regard to its truth or falsity, or (c) was made by telling the plaintiff that the defendant had knowledge that the representation was true, when the defendant did not have such knowledge; (3) reliance by the plaintiff on the representation; (4) that the plaintiffs reliance was reasonable under the circumstances; and (5) damage proximately resulting from the plaintiffs reliance.”
1 later decision quote this exact passage“"`A plaintiff, given the particular facts of his knowledge, understanding, and present ability to fully comprehend the nature of the subject transaction and its ramifications, has not justifiably relied on the defendant's representation if that representation is "one so patently and obviously false that he must have closed his eyes to avoid the discovery of the truth."'"”
1 later decision quote this exact passage“the defendant had no intention of performing as promised and that the defendant made the promise with an intent to deceive.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.