Legal Question in Business Law in California

Re: Legal standard for fraud

Propounderance of the evidence. We can look to see if you have a case.

Re: Legal standard for fraud

What makes fraud a tough burden to bear for the plaintiff is showing the state of mind of the defendant that the defendant intended to commit the breach. Whereas a breach of contract action does not carry any implication of dishonesty whatsoever. Call me directly at (619) 222-3504.

Re: Legal standard for fraud

In a civil case fraud must be proven by a preponderance of the evidence. In a criminal case, it must be proven beyond a reasonable doubt.

Under either standard, the elements which must be proven are the same:

1. A false statement by the defendant;

2. Knowledge by the defendant at the time that the statement was false;

3. Intent by the defendant to induce either the plaintiff in particular or some group of people to rely on the false statement;

4. Actual reliance by the plaintiff on the false statement;

5. Reasonableness of the plaintiff's reliance; and

6. Damages caused by this reliance.

Parts 2 and 3 are usually the hardest to prove.

Re: Legal standard for fraud

Clear and convincing.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

Representing Taxpayers in all 50 States and Internationally

LEGAL MATTERS: Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

Re: Legal standard for fraud

The legal standard for civil fraud is "preponderance of the evidence" and not "clear and convincing evidence" as has been suggested by one response.

The matter was decided by the California Supreme Court in Liodas v. Sahadi (1977) 19 Cal.3d 278. The Court relied upon Evidence Code 115 in so ruling; this code section says that except as otherwise provided by law, civil issues are decided by the preponderance of the evidence.

Although Mr. Hoffman's listing of the elements of fraud is accurate, one could fill volumes with scholarly discussion of what facts do, or do not, fulfill each of the elements.