All the elements of misrepresentation and the fact that the misrepresentation was knowingly made with an intent to deceive, have to be established to prove .

Fraud

Explanation:

fraud

This is simply defines as a precised, well planned falsehood/deception with the sole aim so as to get an unfair or unlawful profits/gain.

The 5 elements of fraud

They simply includes: false representation of fact, knowledge of the falsehood by the party making the false representation, intent to deceive by party , reasonable reliance by the innocent party, actual loss suffered by innocent party

Misrepresentation

This is simply defined as an act of making an innocent statement that are usually false when the individual do seriously believed the statement was true at the time it was made.

Fraudulent Misrepresentation

It is a form of misrepresentation that is intentionally false and is intended to mislead others.

To recover damages caused by fraud, it includes the following:

1. Proof of harm is essentially required

2. The measure of damages is usually equal to the property's value had it been delivered as represented, less the price paid

3. courts may also award punitive or exemplary damages

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