What Are the Elements of Fraud ?

In Russ v. TRW, Inc. (1991), 59 Ohio St. 3d 42, 49, 570 N.E.2d 1076, the Ohio Supreme Court set forth the elements of fraud as follows: (a) a representation, where there is a duty to disclose, concealment of a fact; (b) which is material to the transaction at hand; (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred; (d) with the intent of misleading another into relying upon it; (e) justifiable reliance upon the representation or concealment; (f) a resulting proximately caused by the reliance. Fraud is never presumed, but must instead be affirmatively proved. Watkins v. Cleveland Clinic Foundation (1998), 130 Ohio App. 3d 262, 719 N.E.2d 1052.