Intentional Misrepresentation (Fraud)

Pronunciation: frawd

Torts › Torts

Definition

Elements: (1) false representation of material fact, (2) scienter, (3) intent to induce reliance, (4) justifiable reliance, (5) damages. Concealment = affirmative misrepresentation. Nondisclosure actionable when duty exists. Remedies: actual damages, punitive damages, rescission.

Related terms

• Negligent Misrepresentation — Negligent false statement made in business or professional capacity with intent that plaintiff rely, plaintiff justifiably relies, causing…
• Wrongful Death — Statutory action by survivors for their own losses (support, companionship, consortium). Brought by personal representative for statutory beneficiaries.…

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