What are the elements of fraud in the context of a tort action for deceit?
California, United States of America
The following excerpt is from Kostanian v. Ticor Title Co. of Cal., B294961 (Cal. App. 2020):
Generally, "'"[t]he elements of fraud, which give[ ] rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or 'scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage."' [Citation.]" (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 173.)
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