Defending a Fraud Claim (Commercial Litigation)

Summary

This practice note discusses how a party can defend itself against a claim of common law fraud in a commercial dispute. It sets forth the elements of common law fraud (being a material misrepresentation or omission, scienter, an intention that the listener rely on the misrepresentation or omission, reliance thereon, and resultant damages), along with a discussion of possible defenses a defendant can raise against each element of a fraud claim.