Section 2 Common-Law Fraud

• Library: Consumer Law and Practice 2010

The required elements for a submissible case of fraudulent misrepresentation are:

(1) a representation;

(2) its falsity;

(3) its materiality;

(4) the speaker's knowledge of its falsity or ignorance of its truth;

(5) the speaker's intent that it should be acted on by the person and in the manner reasonably contemplated;

(6) the hearer's ignorance of the falsity of the representation;

(7) the hearer's reliance on the representation being true;

(8) the hearer's right to rely thereon; and

(9) the hearer's consequent and proximately caused injury.

Hess v. Chase Manhattan Bank, USA, N.A., 220 S.W.3d 758, 765 (Mo. banc 2007); Clark v. Olson, 726 S.W.2d 718, 719 (Mo. banc 1987).

At common law, "scienter" or an intent to defraud...