What are the elements of a fraud claim?
California, United States of America
The following excerpt is from ORANEN v. PRICE, C060196, No. 06AS04512 (Cal. App. 2010):
Plaintiff contends the fourth amended complaint states a claim for fraud. "The necessary elements of fraud are: (1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance;
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and (5) resulting damage." (Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1108.)
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