Elements of Fraudulent Misrepresentation in Florida
Fraudulent misrepresentation in Florida requires proof of a knowingly false statement of material fact that causes justifiable reliance and resulting damages. The claim carries stronger remedies than negligent misrepresentation, including punitive damages.
Six Required Elements
- 1. False statement: Specific material fact (not opinion)
- 2. Scienter: Maker knew the statement was false
- 3. Intent: Intended to induce action
- 4. Reliance: Other party relied on the statement
- 5. Justifiable: Reliance was reasonable
- 6. Damages: Resulting harm
Fraudulent vs. Negligent
- Fraudulent: Knowledge of falsity; punitive damages available
- Negligent: Failure to exercise reasonable care; no punitive damages
Available Damages
Compensatory, consequential, rescission, punitive damages (clear and convincing evidence required under §768.73), and attorney fees in some circumstances.
Related Terms
- Contract — Fraud voids contracts
- Equity — Equitable remedies for fraud
- Evidence of Title — Title fraud claims
Barnes Walker Litigation
Barnes Walker's attorneys prosecute and defend fraudulent misrepresentation claims in Florida courts. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC