How To Prove A Florida Fraud Claim
In Florida, a claim of Fraud is defined as:
An intentional misrepresentation to deceive another into surrendering money or other items of value. Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury.
It simply means:
A party intentionally deceived another party for their own benefit.
There are 4 elements of the claim:
- Element 1. The defendant made a false statement concerning a specific material fact. The defendant lied about an important fact that could influence someone’s decision, which is a key part of proving fraud.
Facts that might support this element look like:
* The defendant claimed that the property had no structural issues, despite knowing it had significant foundation problems.
* The defendant provided a falsified inspection report, stating the vehicle was in excellent condition when it had multiple mechanical failures.
* The defendant advertised the product as “new,” while it was actually refurbished and had been previously used.
* The defendant assured the buyer that the investment was guaranteed to yield a 20% return, despite having no basis for this claim.
* The defendant misrepresented their qualifications, stating they were a licensed professional when they had never obtained the necessary certification. - Element 2. The defendant knew the statement was false. In a fraud claim, this element means that the person making the false statement was aware that what they said was untrue, showing they intentionally misled someone for personal gain.
Facts that might support this element look like:
* The defendant had previously made similar statements that were proven to be false, indicating awareness of the inaccuracy.
* The defendant received credible information from a reliable source that contradicted the statement before making it.
* The defendant’s own records showed that the statement was untrue at the time it was made.
* The defendant had a motive to deceive, as they stood to gain financially from the false statement.
* The defendant explicitly acknowledged the statement’s falsehood in a private conversation prior to its public dissemination. - Element 3. The defendant intended for the statement to induce another to rely and act on it. The defendant made a statement knowing it would lead someone else to trust it and take action based on that trust, which is a key part of proving fraud.
Facts that might support this element look like:
* The defendant made a public statement about the product’s effectiveness, knowing it would influence potential buyers.
* The defendant provided false financial projections to investors, intending for them to make investment decisions based on that information.
* The defendant explicitly stated that the investment was low-risk, fully aware that this would encourage others to invest.
* The defendant crafted marketing materials that exaggerated the benefits of the service, aiming to persuade customers to purchase it.
* The defendant assured a client that the project would be completed on time, fully intending for the client to proceed with the contract based on that assurance. - Element 4. The reliance led to injury of the plaintiff. The plaintiff trusted the false information provided by the defendant, which caused them to make a decision that ultimately resulted in their injury.
Facts that might support this element look like:
* The plaintiff invested a significant amount of money based on the defendant’s false representations about the profitability of the investment.
* The plaintiff incurred substantial financial losses after discovering that the defendant’s claims were fabricated and misleading.
* The plaintiff suffered emotional distress and anxiety due to the financial repercussions of relying on the defendant’s fraudulent statements.
* The plaintiff’s business suffered a decline in revenue directly linked to the reliance on the defendant’s deceptive practices.
* The plaintiff was unable to recover the lost funds despite efforts to mitigate the damages caused by the defendant’s fraud.
(See Ward v. Atlantic Security Bank, 777 So. 2d 1144 (Fla. Court of Appeals 2001). Lance v. Wade, 457 So. 2d 1008 (Fla. Supreme Court 1984).)
If you’re in court without a lawyer and plan to assert a Claim of Fraud, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your Claim of Fraud.
U.S. Civil Cases Only