Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure
To prove fraud, a plaintiff MUST prove: 1) a false statement of a material fact by the defendant; 2) the defendant had knowledge that the statement was false; 3) the defendant intended that the statement induce the plaintiff to act on it; and 4) damages by the plaintiff in relying on the defendant's statement. Pritchard v. Levin, 2020 WL 2050691, *2 (Fla. 3d DCA 2020). When a fraud claim concerns nondisclosure--a failure to disclose material information--such claim “exists only when there is a duty to make such disclosure.” Id. (citation omitted). The court determines, as a matter of law, whether a...
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