Fraud Elements Georgia
The tort of fraud has 5 elements:
a false representation by a defendant
intention to induce the plaintiff to act or refrain from acting
justifiable reliance by plaintiff
damage to plaintiff
For an action for fraud to survive a motion for summary judgment, there must be some evidence from which a jury could find each element of the tort.
Because summary judgment is appropriate if only one essential element of claim is eliminated, we need not address all the issues raised on appeal or in the motion for summary judgment to resolve this appeal. Fuller v. Perry, 223 Ga. App. 129, 131 (1) (476 S.E.2d 793) (1996).
"To prevail at summary judgment under O.C.G.A. 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law." Lau's Corp. v. Haskins, 261 Ga. 491 (405 S.E.2d 474) (1991).
On appeal of a grant of summary judgment, this Court reviews the evidence de novo to determine whether a genuine issue of material fact exists or whether the movant is entitled to judgment as a matter of law. Moore v. Food Assoc., 210 Ga. App. 780, 781 (437 S.E.2d 832) (1993).