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.