Paralegal Essentials – Tort Law (Part 6 – Fraud and Misrepresentation)

Another of the important intentional torts is Fraud (Intentional Misrepresentation).  A misrepresentation which leads another to believe in a condition that is different form the condition that actually exists is sufficient to support liability.  This is usually accomplished by a false or incorrect statement.  Fraud  is also relevant to contract formation.  Fraud is a defense to formation of a contract.  It can nullify assent.  That being said, the tort of fraud/misrepresentation requires:

  • Intent to deceive
  • Knowledge of the falsity (or reckless disregard for the truth)
  • Detrimental Reliance (the victim must give up something or rely on the information to his or her detriment)

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