California, United States of America
The following excerpt is from Janeke v. Allen, B281155 (Cal. App. 2018):
The elements of fraud are misrepresentation, knowledge of falsity, intent to defraud, justifiable reliance, and damage. (Tindell v. Murphy (2018) 22 Cal.App.5th 1239, 1249.) "The elements of a negligent misrepresentation are '(1) the misrepresentation of a past or existing material fact, (2) without reasonable ground for believing it to be true, (3) with intent to induce another's reliance on the fact misrepresented, (4) justifiable reliance on the misrepresentation, and (5) resulting damage.' Negligent misrepresentation does not require knowledge of falsity, unlike a cause of action for fraud. [Citation.]" (Id. at p. 1252.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.