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Cause of Action for Fraud

Intentional Torts : Cause of Action for Fraud

A cause of action for fraud or deceit is based on a false statement or misrepresentation.  The requirement of a false statement for actionable fraud includes material misrepresentations or omissions of fact.  However, not every false representation constitutes fraud on which a claim for relief can be based. Therefore, a West Palm Beach intentional torts lawyer specializing in fraud, will advice a potential plaintiff that the issue in a fraud case is not whether the party charged with a misrepresentation misstated its motivation, but whether the defendant in fact made a false representation.

Generally, in order for a false statement of fact to be a ground for fraud, it must be of a past or existing fact, and not a promise to do something in the future.  Therefore, a promise of future conduct generally will not serve as a predicate for a claim of fraud.  Similarly, a successful action for fraudulent misrepresentation may not ordinarily be premised upon a promise of future action.  Thus, a promise not performed, by itself is insufficient to form the predicate for actionable fraud or constitute fraud. 

The Florida Supreme Court recognizes that an actionable fraud requires the following elements:

  • A false statement concerning a material fact;

    Knowledge by the person making the statement that the representation is false;

    The intent by the person making the statement that the representation will induce another to act on it; and

    Reliance on the representation to the injury of the other party.


    To establish a remediable tort for fraud, a West Palm Beach fraud lawyer must prove that the damage resulted proximately from the fraud. In other words, the plaintiff must assert that "but for" the misrepresentation or nondisclosure of the defendant, the party would not have entered into the transaction. Thus, if a plaintiff claims to have been misled, but cannot demonstrate a causal connection between the defendant's conduct and the plaintiff's misapprehension, then the plaintiff cannot recover. Moreover, the plaintiff's injury must ordinarily be a natural and probable consequence of the breach of some duty owed by the person against whom relief is sought. In other words, the fraud must result in a pecuniary loss or injury as the natural consequence of the conduct induced by the misrepresentation.

    A cause of action for fraud can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach fraud lawyer. If you believe you have a legitimate claim for fraud call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

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 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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