What are the elements of fraud?
The elements of fraud are very specific. Most people think of fraud in terms of somebody just did something dishonest. Proving fraud in a court of law is an entirely different matter.
The elements of fraud under Florida law are a misstatement, a false statement of material fact. The statement has to be untrue and it has to be about something that’s material. Also, the person making the statement has to be aware, has to have knowledge that the statement is false. Also, the statement must be made with the intention of inducing another to act on the statement.
In otherwise, made for the purpose of making somebody do something, whether it be sign a contract or take some other action. Then finally, even if all of those elements are present the final element is that damages must have resulted from the false statement of material fact.
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