Chapter 18: FraudA. Definition
B. Elements
1. The defendant made a false representation of a past or present fact
2. The fact was material
3. The defendant made the representation knowing it to be false or was aware that he or she did not know whether it was true or false
4. The defendant made the representation with the intent that the plaintiff rely on it
5. The plaintiff relied on it
6. The reliance was justified
7. The reliance caused damage to the plaintiff
C. Elements Defined
D. Defenses
Failure to Prove Justified Reliance
Immunity from Civil Suit
Release or Waiver
Statute of Limitations
Other Defenses
E. Remedies
F. Forms
Complaint for Fraud—Concealment or Nondisclosure of Material Fact
Complaint for Fraud—False Representation