B. Elements

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

B. Elements

(1) a false representation made by the defendant to the plaintiff
(2) a pecuniary interest by the defendant in making the statement
(3) a duty of care owed by the defendant to see that truthful information was communicated to the plaintiff
(4) the defendant breached the duty by failing to exercise due care
(5) the plaintiff justifiably relied on the representation
(6) the plaintiff suffered a pecuniary loss as a direct and proximate result of reliance on the representation.⁶

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Notes:

^[6] Hurst v. Sandy, 329 S.C. 471, 494 S.E.2d 847, 852 (Ct. App. 1997). See also Rickborn v. Liberty Life Insurance Co., 321 S.C. 291, 468 S.E.2d 292, 298, n. 2...