Which of the following is NOT an element of a fraud claim?

• A. A false statement known to be untrue
• B. Reliance on the statement
• C. Damages resulting from the reliance
• D. A true statement made unintentionally

Answer: (D)

Fraud rests on a deliberate misrepresentation of a material fact. The essential pieces are that the statement is false, the person making it knows it’s false (or acts with reckless disregard), the plaintiff relies on the statement, and damages result from that reliance. A true statement, even if made unintentionally, does not involve deceit or a misrepresentation, so it cannot satisfy the fraud elements. The other options describe falsehoods and the resulting reliance and damages, which fit fraud, whereas a true statement does not.