Contracts – Fraud in Execution 

Posted: 1:00 am Mon, March 22, 2010
By admin
Tags: Contracts

1. Fraud in the execution is a statement or conduct that misrepresents the character or essential terms of a proposed contract, and that induces an apparent manifestation of assent by one who neither knows nor has reasonable opportunity to know of the character or essential terms of the proposed contract.

2. Summary judgment is appropriate on a claim of fraud in the execution if undisputed evidence establishes that the party claiming fraud had a reasonable opportunity to know the character or essential terms of the proposed contract.

3. The provision in Minn. Stat. sec. 513.33 (2008) that a debtor may not maintain an action on a credit agreement unless the agreement is in writing applies to affirmative defenses.

Affirmed.