Delaware Business Litigation Report

Delaware Superior Court Explains Fraudulent Inducement Claims

ITW Global Investments Inc. v. American International Partners Capital Fund IV, L.P., C.A. No. 14C-10-236 JRJ (June 24, 2015)

This decision explains several important aspects of Delaware law. First, a claim for fraud cannot overlap with a breach of contract claim or it will be dismissed.

Second, a fraudulent inducement claim must be based on pre-contract acts, not something in the contract itself.  Third, an anti-reliance clause may not bar claims of concealment.

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