It seems simple enough. To fraudulently induce someone into a contract, there has to be an alleged contract. However, it is not that simple when preparing the jury charge for trial—especially if the plaintiff wants to recover benefit-of-the-bargain damages based on a fraudulent-inducement claim. That recently became apparent in Anderson v. Durant, where the Texas Supreme Court clarified that a separate jury question establishing an enforceable contract was not required to obtain benefit-of-the-bargain damages based on a fraudulent-inducement claim. Although the Texas Supreme Court also discussed the plaintiff’s defamation claim in its opinion, this article only addresses the facts and the rulings on the fraud and breach-of-contract claims.
Summary of Facts Pertinent to the Fraudulent-Inducement Claim
