(2) knowledge or belief by defendant of its falsity;
Fraud is an interesting thing to prove because you need two states of mind- "knowledge" of falsity and (as I'll talk about later) "intent" to mislead. I have covered these states of mind before.
If a person doesn't know or think something is false, they haven't committed fraud. They may be dumb or misinformed, and they may even have been negligent, but their culpability does not reach the level of fraud.
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About Me
- Carl Archer
- I am an elder law attorney with my own solo practice. I'm located in central New Jersey but I make house calls. I am in the business of setting the elderly and their caregivers at ease, by making sure they have high-quality health care they can afford, and governmental benefits they're entitled to.