Tennessee Supreme Court: mother pays damages for misleading man about paternity

02 October 2012 Categories: All Blogs, Family Law and Divorce

On Monday, the Tennessee Supreme Court upheld a damage award for a man whose girlfriend mislead him about the paternity of her child. The woman will be forced to repay child support and medical insurance expenses the man paid on behalf of the child. The man was able to recover under the legal claim of intentional misrepresentation, which the Court said has the following factors:

(1) that the defendant made a representation of a present or past fact; (2) that the representation was false when it was made; (3) that the representation involved a material fact; (4) that the defendant either knew that the representation was false or did not believe it to be true or that the defendant made the representation recklessly without knowing whether it was true or false; (5) that the plaintiff did not know that the representation was false when made and was justified in relying on the truth of the representation; and (6) that the plaintiff sustained damages as a result of the representation.

Read the whole opinion: http://www.tncourts.gov/sites/default/files/hodgetmopn.pdf

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