Section 8.4 Elements of Fraud

• Library: Tort Law 2016

Whether a representation is fraudulent depends on the facts and circumstances of each case and ultimately turns on a number of factual findings that must be made by the fact-finder. Whether a submissible case of actionable fraud has been made by the plaintiff, however, is a matter of law. A submissible case requires proper pleading and submission of evidence on each and every element of fraud.

The approved verdict director for fraudulent misrepresentation cases, MAI 23.05 [2007 Revision], provides:

Your verdict must be for plaintiff if you believe:

First, defendant (describe act such as "represented to plaintiff that the motor vehicle was never in an accident"), and

Second, such representation was made by defendant with the intent that plaintiff rely on such representation in (purchasing the motor vehicle), and

Third, the

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