Fraud

Question 0

How is negligent misrepresentation different from fraud?

Answer 0

• Liability is normally confined to business transactions.

* Liability is normally confined to a particular plaintiff whose reliance is contemplated.

Question 1

What are the elements of fraud?

Answer 1

• affirmative misrepresentation (usually silence insufficient)
• fault (defendant knew statement was false)
• intention to induce reliance (statement musts be material)
• actual and justifiable reliance (justifiable to rely on opinion of one with superior knowledge or skill)
• damages