What are the elements of a fraud action?

California, United States of America


The following excerpt is from Clar v. Board of Trade of San Francisco, 164 Cal.App.2d 636, 331 P.2d 89 (Cal. App. 1958):

The basic elements of a fraud action of this type that must be pleaded and proved, are well settled. The plaintiff must plead and prove that defendant made a representation of a material fact; that such fact was false; that defendant knew it to be false or negligently or recklessly made the assertion as a fact without reasonable grounds to believe it to be true; that such representation was made with intent to induce the other party to act upon it; that it was relied upon by the other party to his damage. Cox v. Westling, 96 Cal.App.2d 225, 215 P.2d 52.

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