There are four elements of fraudulent misrepresentation that must be proven in order for one to succeed in a Florida Court:
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A false statement concerning a material fact;
The representor’s knowledge that the representation is false;
An intention that the representation induce another to act on it; and
Consequent injury by the party acting in reliance on the representation.”
Butler v. Yusem, No. SC09-1508, 2010 WL 3488979, at *3 (Fla. Sept. 8, 2010)
It is safe to say that the first three elements are met. Morrow made a false statement of fact by holding himself out to be a certified player agent. Morrow also knew this representation was false and made this statement with the intent to induce Hairston to hire him. The difficult element to prove here is damages. Is Hairston able to show injury based off his reliance of Morrow’s representation?
Currently, Hairston is playing in the NBA’s Summer League in Las Vegas trying to earn a contract with the Hornets. The last thing Hairston wants to be dealing with at this juncture is searching to find a new agent. However, this is exactly what Hairston will need to do. Morrow is not allowed to negotiate Hairston’s team contract with the Hornets because of his lack of certification by the NBPA. If Hairston is able to substantiate damages due to Morrow’s fraudulent misrepresentation, he may be victorious in a Florida court.
Benjamin C. Haynes is an attorney in the state of Florida and contributor for Sporting News. Follow him on Twitter @BHaynes32.
