Legal Memorandum: Elements of Fraud in WI

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

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Fraud; Elements; Representation
Jurisdiction: Wisconsin
Cited Cases: 811 N.W.2d 866
Cited Statutes: None
Date: 03/01/2015

A claim of fraud requires the following elements:

(1) the defendant made a factual representation, (2) which was untrue, (3) the defendant either made the representation knowing it was untrue or made it recklessly without caring whether it was true or false, (4) the defendant made the representation with intent to defraud and to induce another to act upon it, and (5) the plaintiff believed the statement to be true and relied on it to his/her detriment.

Williamson v. Hi-Liter Graphics, LLC, 2012 WI App. 37, ¶ 13 n.6, 340 Wis. 2d 485, 811 N.W.2d 866 (2012).


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)