How To Prove Fraud In Civil Court

What constitutes fraud and how does one prove it in civil court?

Fraud is the willful misrepresentation of facts. It is intentional dishonesty, deceit, or unfair conduct. Fraud can be prosecuted in civil court of criminal court. The difference is that in civil court, the plaintiff must prove there was damages as a result of the fraud, whereas, the plaintiff can sue for fraud in criminal court even if they did not suffer damages.

Remedies for civil fraud include compensatory and punitive damages. Compensatory damages compensate the victim for any tangible injuries and damages they have suffered as a result of the fraud. Punitive damages may be awarded by the court if they intend to punish the defendant as a way to discourage them or others from committing similar conduct in the future.

To prove fraud in civil court, a plaintiff must show evidence of the following:

1. The defendant must have made a statement of fact or omission that was a misrepresentation.
2. The plaintiff must prove that the defendant intentionally deceived them by purposely providing a false statement of fact.
3. The plaintiff must have relied on that material misrepresentation. If the defendant had a fiduciary duty to the plaintiff, it may be reasonable for the plaintiff to rely on the information they were being provided.
4. The misrepresentation must be reasonably believable. It cannot be a claim that a reasonable person would find outrageous. It also will not hold up in court if the plaintiff could have easily learned that the statement was false from public available sources.
5. The plaintiff must have suffered tangible damages as a result of relying on the misrepresentation.

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