“out-of-pocket expenses necessary to perform the contract prior to discovering the fraud” are recoverable under the ACFA
How later courts described this case
- “out-of-pocket expenses necessary to perform the contract prior to discovering the fraud” are recoverable under the ACFA
- damages under ACFA include “out-of-pocket expenses necessary to perform the contract prior to discovering the fraud”
- “If matters outside the complaint are presented to and not excluded by the court, the motion is one for summary judgment, provided all parties are given a reasonable opportunity to present their factual claims to the court.”
- applying Ariz.R.Civ.P. 9(b), which is identical to Fed.R.Civ.P. 9(b), to both statutory and common law fraud claims
Written by the judges who cited it.
The opinion
HOWARD, Judge,
specially concurring.
I concur in the result but for the reasons stated in my concurring opinion in Peery v. Hansen, supra, I do not agree that the Consumer Fraud Act creates a private claim for relief.