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Steward V. Jackson Case

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The Steward V. Jackson case involves an environmental lawyer who sued a law firm due to the breach of an agreement at the time of employment. The complainant alleged that the law firm engaged in acts of misrepresentation by informing her that she would head an environmental law department that the firm was in the process of establishing. However, once the firm hired the plaintiff, she had to work on general litigation issues as she awaited the commencement of her duty in the environmental law department. Later, the complainant learned that the firm would not be setting up environmental law department. Afterwards, the firm terminated her services.

The satisfaction of elements of fraud in the Steward V. Jackson case entails the complainant’s illustration that the defendant has reasonable intentions to deceive her, and the fact that the law firm knew its action was a misrepresentation. In addition, the complainant’s reliance on the firm’s misrepresentation caused damages by encouraging the complainant to leave her former employer where she served in the field of her specialization and work in a department that did not related to environmental law practice.

The distinction between fraud and breach of contract is that a claim of breach of contract only requires the complainant to prove that the defendant violated the contract agreement. On the other hand, a claim of fraud requires the plaintiff to prove that the defendant’s acts of misrepresentation were intentional, the complainant relied on the misrepresentation, and the complainant incurred damages due to the misrepresentation (Miller & Jentz, 2007).

The law firm would prefer to characterize Steward’s allegations as a claim for breach of contract since Steward was seeking for an opportunity to improve her career and thus the law firm’s actions were not the sole reason why Steward took the job. The Hezrog made these statements because the evaluation of fraud should be separate from a breach of contract.

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