Issue: Under Wisconsin law, what are the elements of fraud?
|Area of Law:||Litigation & Procedure, Personal Injury & Negligence|
|Keywords:||Fraud; Elements; Representation|
|Cited Cases:||811 N.W.2d 866|
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).