Section 417.426

Title XXVI TRADE AND COMMERCE

Chapter 417

Effective - 28 Aug 1995   

  417.426.  False or fraudulent statements, failure to make required disclosures, civil liability — damages — punitive damages, when — attorney general's duties. — 1.  Any invention developer who violates any provision of sections 417.400 to 417.436, or who makes any false or fraudulent statement, representation, or omission of material fact, or fails to make all the disclosures required by sections 417.400 to 417.436, shall be civilly liable to any person injured thereby in the amount of at least twice the damages sustained by such person together with costs and reasonable attorney's fees.  In addition, if the invention developer is found to have acted with malice, the court in its discretion may award punitive damages.  For purposes of this subsection, the amount of damages sustained by the person shall be presumed to be at least the amount of all moneys paid to the invention developer by such person.

  2.  Failure to make the disclosures required by sections 417.400 to 417.436 renders any contract subsequently entered into between the customer and the invention developer voidable by the customer.

  3.  The attorney general shall enforce the provisions of sections 417.400 to 417.436 and may recover a civil penalty and may seek equitable relief to restrain the violation of sections 417.400 to 417.436.

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(L. 1995 S.B. 80 & 88 § 417.424 subsecs. 4 to 6)