What are the elements of fraud/fraudulent misrepresentation?
British Columbia, Canada
The following excerpt is from Mousa v. The Institute of Electrical and Electronics Engineers, Incorporated, 2014 BCSC 186 (CanLII):
The Court of Appeal in Lee v. Li, 2002 BCCA 209 at paras. 28-29 summarized the elements that must be pleaded in order to establish the tort of fraud/fraudulent misrepresentation: a) a false representation was made by the defendant; b) that the defendant knew was false; c) the defendant made the representation with the intention of deceiving the plaintiff; d) the plaintiff was induced by the representation to alter his position; and e) damages resulted.
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