Legal Memorandum: Elements of Fraud in VA

Issue: Under Virginia law, what are the elements of fraud?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Fraud; Clear and convincing evidence
Jurisdiction: Virginia
Cited Cases: 439 S.E.2d 387; 618 S.E.2d 316; 247 Va. 143
Cited Statutes: None
Date: 02/01/2015

A plaintiff must prove fraud, by clear and convincing evidence, “(1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled.”  State Farm Mut. Auto. Ins. Co. v. Remley, 270 Va. 209, 218, 618 S.E.2d 316, 321 (2005) (citations omitted).

Constructive fraud must be shown by clear and convincing evidence that the defendant falsely represented a material fact, innocently or negligently, and the injured party was damaged as the result of reliance on the representation.  Id. at 220, 321 (quoting Evaluation Research Corp. v. Alequin, 247 Va. 143, 148, 439 S.E.2d 387, 390 (1994)).


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