8-7 Fraud
8-7:1 Common Law Elements
Fraud claims are not commonly brought against attorneys largely because the claim may jeopardize insurance coverage and the pleading requirements on the burden of proof are stricter than those for those causes of action so far discussed. The elements of an action in common law fraud are that: "(1) a false representation was made as a statement of fact; (2) it was untrue and known to be untrue by the party making it; (3) it was made to induce the other party to act upon it; and (4) the other party did so act upon that false representation to his injury. . . . Under a fraud claim of this type, the party to whom the false representation was made claims to have relied on that representation and to have suffered harm as a result of the reliance."142
8-7:2 Special Pleading Requirements and Burden of Proof
"Where a claim for damages is based upon fraud, the mere...
