What is fraud?
Fraud, under Florida law, is a deliberate and practiced deception conducted to secure gain. Fraud comes in many forms, but actual fraud always involves an untruth between two people or parties to a transaction. We often discuss fraud in terms of misrepresentation and concealment. However, conduct that constitutes fraud assumes many shapes, disguises, and subterfuges, and therefore there can be no all-embracing definition of fraud.
Nevertheless, Florida law provides the following elements of fraud, which we may use as a guiding definition: (1) a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment; and (2) a misrepresentation made recklessly without belief in its truth to induce another person to act.
Florida law also provides for deceit—an independent tort that is a species of fraud. Deceit is actual fraud, and it consists of any false representation or contrivance whereby a person overreaches and misleads another to his or her hurt. In a similar vein, fraudulent misrepresentation is an intentional tort. Lastly, there is extrinsic fraud, which is fraud, deceit, artifice, or trickery employed in procuring consent to a voluntary judgment or decree entered pursuant to a fraudulently procured agreement.
Fraud is pervasive in Florida. You need a fraud attorney to investigate fraud, compile evidence of fraud, and file or defend a lawsuit for fraud. If you need a fraud lawyer in Florida, contact us at www.miapl.com or email@example.com