Illinois Courts Define the Requirements for an Intent to Deceive Under a Cause of Action for Fraud
The Illinois First District Appellate Court has held that to state a cause of action for fraud, a plaintiff must prove the following elements: (1) a false statement of material fact; (2) defendant's knowledge that the statement was false; (3) defendant's intent that the statement induce the plaintiff to act; (4) plaintiff's reliance upon the truth of the statement; and (5) plaintiff's damages resulting from reliance on the statement. Fox v. Heimann, 375 Ill.App.3d 35, 47 (1st Dist. 2007). Essential to establishing a cause of action for fraud is intent by the defendant to deceive, to mislead, or to convey a false impression. Szajna v. General Motors Corp., 115 Ill.2d 294, 322 (1986).
The concept of fraud implies a wrongful intent, that is, an act or concealment which is calculated to deceive. Cokinis v. Maywood-Proviso State Bank, 81 Ill.App.3d 1057, 1063-1064 (1st Dist. 1980). The intent to deceive can be found from the fact that a person makes a statement knowing it to be false when the statement is made for the purpose of inducing the one to whom the statement is made to act. Szajna, 115 Ill.2d at 322-323. A statement is fraudulent when, to the knowledge or belief of its utterer, it is false in the sense in which it is intended to be understood by the recipient. Miller v. Lockport Realty Group, Inc., 377 Ill.App.3d 369, 377 (1 Dist. 2007). Also, Illinois courts generally have held that the intent to deceive is present when the statement is made without any belief that it is true or with a reckless disregard as to whether it is true or false. Szajna, 115 Ill.2d at 322-323.
Proof of intent to deceive will be found where a person knowingly makes a false statement for the purpose of inducing another to take action. Illinois Jurisprudence, Personal Injury and Torts § 13:15. The defendant need not have had a specific intent to cause a pecuniary loss in order to commit fraud. Id. The relevant issue is simply whether the defendant intended to induce reliance on the misrepresentation. Id.
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