Fraud by Misrepresentation In Alabama
A party alleging fraud by misrepresentation must prove four elements:
(1) that the defendant made a false representation concerning an existing material fact;
(2) that the defendant made that misrepresentation while knowing that it was false, or made it recklessly, or made it with no knowledge as to its truth or falsity;
(3) that the plaintiff reasonably relied on the misrepresentation;
(4) that the plaintiff incurred damage proximately caused by the reliance. Ex parte Government Employees Ins. Co., 729 So. 2d 299, 304 (Ala. 1999). While the general rule, as just stated, contains the element of "reasonable reliance," that element is not applicable in this particular case.