What are the elements of a fraudulent misrepresentation claim?

California, United States of America


The following excerpt is from Lawson v. Town & Country Shops, Inc., 159 Cal.App.2d 196, 323 P.2d 843 (Cal. App. 1958):

In the recent case of Zinn v. ExCell-O Corp., 148 Cal.App.2d 56, at page 68, 306 P.2d 1017, at page 1025, it is stated, 'The general elements of a cause of action for fraudulent misrepresentation are (1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to induce reliance; (4) justifiable reliance; and (5) resulting damage.' Appellant appears not to question that certain false representations were made, and directs his argument to the sufficiency of the evidence to establish the materiality of the representations made and reliance upon them. 'Since the question raised is the sufficiency of the evidence to support the verdict the appellants must practically demonstrate that there is no competent evidence to support the verdict. Their mere recital of evidence favorable to them is not sufficient.

Page 847

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