AZ Common Law Causes of Action FRAUD (2011)

Elements

“A showing of fraud requires

(1) a representation;

(2) its falsity;

(3) its materiality;

(4) the speaker’s knowledge of its falsity or ignorance of its truth;

(5) the speaker’s intent that it be acted upon by the recipient in the manner reasonably contemplated;

(6) the hearer’s ignorance of its falsity;

(7) the hearer’s reliance on its truth;

(8) the right to rely on it;

(9) his consequent and proximate injury.”

Echols v. Beauty Built Homes, Inc., 132 Ariz. 498, 500, 647 P.2d 629, 631 (1982). See also Green v. Lisa Frank, Inc., 221 Ariz. 138, 156, ¶ 53, 211 P.3d 16, 34 (App. Div. 2, 2009); Taeger v. Catholic Family & Cmty. Servs., 196 Ariz. 285, ¶ 28, 995 P.2d 721, 730 (App. Div. 1, 1999).

Proof

“Fraud may never be established by doubtful, vague, speculative, or inconclusive...