Tidwell v. Jensen
Tidwell v. Jensen, 2026 UT App 13 (Luthy, J.)
Civil
The Utah Court of Appeals held:
- The district court erred in dismissing Tidwell’s claims against Jensen as a matter of law.
- The district court erred by interpreting the Utah Consumer Sales Practices Act (USPCA) as requiring Tidwell to prove that Jensen intended or knew the representation to be false.
- Tidwell produced evidence in support of his fraud, negligent misrepresentation, and USPCA claims.
- Practice tip: For parties to successfully disclaim tort damages generally via a contract, the language of the contract must clearly and unequivocally state that disclaimer.