ELEMENTS OF FRAUD

Elements of Fraud

1. The fraud must have been committed by a party to the contract or with his connivance or by his agent. fraud by a stranger to contract does not affect its validity.

2. There must be anyone of the above mentioned in last post in act of fraud.
3. The act of fraud must have been committed with the intent to deceive and must actually deceive. A deceit which does not deceive is not fraud. No cause of action arises where there is fraud without damage or damage without fraud. An action lies where these two occur together.
4. The representation must have been aimed at the other party ti contract or his agent or with a view to induce the other party to enter into the contract, Such representation must have been made before the conclusion of the contract.
5. The other party must have suffered a loss.