Brittany
According to Brittany’s article, not only does the non-performance of a party result in a contractual breach, but it also discharges the non-breaching party from their obligations. The article also states that breaches become fraud when a party raises a false insurance claim, such as claiming an item was stolen, which on the contrary was not stolen. The writer of this article has given an example of such an incident in Hamilton v. State Farm Fire & Casualty Insurance Company. In the mentioned case, it is noted that Hamilton sued State Farm for a claim of stolen property and failed to provide evidence. The claim was deemed a false insurance claim, and the insurance company was ordered not to pay the item. It is clear from Brittany’s article that evidence is important in claiming something from an insurance company for reasons pertaining to fraud (Nadler, 2020).
References
Nadler, J. (2020). A theory of mistaken assumptions in contract law. University of Toronto Law Journal, e20190136.
Bassaya
The article states misrepresentation, concealing, or providing false or misleading information to a party relying on the information as reasons to why contractual breaches become fraud. The article by Bassaya specifies that the difference between fraud and a breach is that fraud intends to cause financial harm, while a contractual breach is more of a let-down of expectations from a contract (Miller, 2016). The article explains further by stating that fraud exists when a party knows of a misunderstanding and intentionally stays silent for their own gains. Bassaya clearly states that such actions make a contract void and cannot be enforced.
References
Miller, R. L. (2016). Business Law Today, Comprehensive. Cengage learning.
Dylan
This article from Dylan explains that the circumstances that classify any actions as fraud are similar to those that breach a contract. This statement is then supported as Dylan states misrepresentation, deceit, or the withholding of information which the contract relies on by a party makes a breach become fraud. However, the writer has stated innocent and negligent misrepresentation as different from the others as both actions are at fault for their ignorance with no intent to mislead. The consequences of such fraudulent actions have been given, and they comprise of rescindment of contracts and the awarding of damages in the event of harm or loss to a party. A very informative point to note from the article is most states require contracts in writing to be considered fraud, and examples of such contracts are marriage, suretyship, time, land, and sale of goods worth over $500 (Kubasek, 2019).
References
Kubasek, N. (2019). Dynamic Business Law: The Essentials. New York, NY: McGraw-Hill Education