Fraudulent Misrepresentation Elements

Definition: A tort action for intentional misrepresentation of a material fact that induces the plaintiff to act to their detriment. The plaintiff must prove the defendant made a false statement of fact, knew it was false, intended to induce reliance, and the plaintiff relied to their injury.

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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

Fraudulent vs. Negligent

Available Damages

Compensatory, consequential, rescission, punitive damages (clear and convincing evidence required under §768.73), and attorney fees in some circumstances.

Related Terms

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

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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