Basic Elements of a Fraud Action Deceit: One who willfully deceives another with intent to induce the other to alter his or her position to his or her injury or risk is liable for any damage suffered as a result of the deceit. |  
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| The suggestion, as a fact, of that which is not true, by one who does not believe it to be true, commonly referred to as intentional misrepresentation. | | The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true, commonly referred to as negligent misrepresentation. | | The suppression of a fact, by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact, commonly referred to as concealment. | | A promise, made without any intention of performing it, commonly referred to as false promise. | |
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| Actual Fraud: Actual fraud consists of any of the following acts, committed by or with the connivance of a party to a contract with intent to deceive another party to the contract, or to induce the other party to enter into the contract: | | The suggestion, as a fact, of that which is not true, by one who does not believe it to be true. | | The positive assertion, in any manner not warranted by the information of the person making it, of that which is not true, though the person making the assertion believes it to be true. | | The suppression of that which is true, by one having knowledge or belief of the fact. | | A promise made without any intention of performing it. | | Any other act fitted to deceive. | | |
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