THE COMMON ELEMENTS OF STATUTORY FRAUD AND 17.46(B)(24)
Statutory Fraud under Chapter 27 of the Texas Business & Commerce Code occurs when:
a. there is a false representation of a past or existing material fact,
b. the false representation is made to a person for the purpose of inducing that person to enter into a contract,
c. the false representation is relied on by that person in entering into that contract, and
d. that person thereby suffers injury.
This is the DTPA statute:
(24) failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed; -
False representation of material fact Failing to discllose information re goods or services known at the time
Made to a person to induce into a contract Intended to induce the consumer into the transaction
False representation is relied on by the buyer Consumer would not have entered into without false info (So relying on misrep)
Causes injury Causes damage
Exact same facts prove both causes of action.