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Essay Question #1: Provide the elements for the tort fraudulent misrepresentation.

Essay Question #1: Provide the elements for the tort fraudulent misrepresentation.

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Answer #1

The elements for the tort fraudulent misrepresentation are:

  • The defendant made a misrepresentation or lied
  • The misrepresentation is material for the transaction
  • The defendant maliciously produced the misrepresentation
  • The defendant made the misrepresentation in order to induce the other party to enter into a contract
  • The other party relied fairly on the misrepresentation
  • The lie of the defendant was the proximate cause of the injury of the plaintiff.
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