Blacks Law Dictionary Abrigded Sixth Edition, 1991 states
- Actionable fraud.
- Deception practiced in order to induce another to part with property or
surrender some legal right. A false representation made with intention to
deceive; such may be committed by stating what is known to be false or by
professing knowledge of the truth of a statement which is false, but in either
case, the essential ingredient is a falsehood uttered with intent to deceive.
To constitute "actionable fraud," it must appear that defendant
made a material representation; that it was false; that when he made it he
knew it it was false, or made it recklessly without any knowledge of its truth
and as a positive assertion; that he made it with intention that it should
be acted on by plaintiff; that plaintiff thereby suffered injury. Essential
elements are representation, falsity, scienter, deception, reliance, and injury.