38) However, the court applied longstanding Florida precedent to hold that Lower Fees' fraud claim could proceed, stating that "no contract provision can preclude rescission on the basis of fraud in the inducement unless the contract provision explicitly states that fraud is not a ground for rescission.
44) Rather, "for a contract to bar a fraud in the inducement claim, the contract must contain language that, when read together, can be said to add up to a clear anti-reliance clause by which the plaintiff has contractually promised that it did not rely upon statements outside the contract's four corners in deciding to sign the contract.
269) Fraud in the inducement is defined as "[m]isrepresentation as to the terms, quality or other contractual relation, venture or other transaction that leads a person to agree to enter into the transaction with a false impression or understanding of the risks, duties or obligations she has undertaken.
Fraud in the inducement must always be interwoven with the contract because the tort of fraud is the inducement of someone to enter into a contract.
286) Courts correctly recognize that "almost any contract claim can be framed as a fraud in the inducement.
1998) (finding no fraud in the inducement exception even when the buyer was not in a position to negotiate the terms of the sale); see also id.
1987),(7) argued that "because the parties were involved in a contractual relationship that preexisted the alleged fraud in the inducement, the economic loss rule should have barred an award of tort damages.
2d 541 (1995), which explained that "[t]he distinction between fraud in the inducement and other kinds of fraud is the same as the distinction .
14) The court rejected the argument that HTP stood for the proposition that "one can always avoid operation of the economic loss doctrine by merely pleading fraud in the inducement.
Hotels of Key Largo has spawned many similar cases(18) when courts, in determining whether a fraud in the inducement claim survives the ELR, "consider the relationship between the inducing representation and the essential requirements, express or implied, of the contract agreed to by the parties.
Since the HTP decision, the various Florida courts of appeal as well as the federal district courts have attempted to formulate a "bright line" test for assessing viable fraud in the inducement claims.
5th DCA 1996), heard en banc, resulted in a five-four decision, with a special concurrence by one judge and a lengthy dissent by another directly discussing the ELR's application to fraud in the inducement.
10) Bemoaning the plethora of fraud claims in recent years, and commenting that almost any contract claim can be framed as a fraud in the inducement claim, Judge Harris advocated an analysis based upon the substance rather than the form of the claim to determine whether it was in fact an "integral part of the contract, either express or implied.
In her dissent, Judge Griffin agreed "that fraud is a much overused and misused cause of action,"(12) but rejected Judge Harris observation that "almost any contract claim can also be framed as a fraud in the inducement action.
DERMA SCIENCES, in its answer to ABS' complaint filed today, denies the claims of ABS and asserts counterclaims of fraudulent misrepresentation, breach of contract and fraud in the inducement