Fraudulent Misrepresentation Elements In Nebraska
In order to maintain an action for fraudulent misrepresentation, a plaintiff must allege and prove the following elements:
(1) that a representation was made;
(2) that the representation was false;
(3) that when made, the representation was known to be false or made recklessly without knowledge of its truth and as a positive assertion;
(4) that it was made with the intention that the plaintiff should rely upon it;
(5) that the plaintiff reasonably did so rely;
(6) that the plaintiff suffered damage as a result. Foiles v. Midwest Street Rod Assn. of Omaha, 254 Neb. 552, 578 N.W.2d 418 (1998).