Fraud Attorney in Austin, Texas

What elements are needed to prove fraud?

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So, fraud is essentially when someone lies to you about something important, you rely on it to your detriment. So, to prove a legal case for fraud, what you need to prove is that the defendant made a representation to you, it was material, in other words important. You relied on that representation and did something to your detriment. You engaged in a contract that you wouldn’t have otherwise if you knew the real facts or you took some other action that was detrimental to you and caused damage. We also have to establish that the defendant intended for you to rely on that misrepresentation.

Austin, TX commercial litigation attorney John R. McConnell details the elements that are needed to prove fraud. He notes that fraud occurs when someone intentionally lies about a material fact, another person relies on that lie, and as a result, suffers harm. To prove a legal case for fraud, it must be shown that the defendant makes a material — meaning significant — misrepresentation, that the plaintiff relies on that misrepresentation, and that the reliance leads to some form of detriment or damage. This may include entering into a contract that would not have been made had the truth been known or taking another action that results in harm. Additionally, it must be established that the defendant intends for the plaintiff to rely on the false information.

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