What are the necessary elements of a fraud claim?
California, United States of America
The following excerpt is from Scofield v. Critical Air Medicine, Inc., 45 Cal.App.4th 990, 52 Cal.Rptr.2d 915 (Cal. App. 1996):
19 Generally, the necessary elements of a cause of action for 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; and (5) resulting damage." (Molko v. Holy Spirit Assn., supra, 46 Cal.3d at p. 1108, 252 Cal.Rptr. 122, 762 P.2d 46, italics added.)
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