What is the difference between civil fraud and misrepresentation?

Civil fraud and misrepresentation are two legal concepts that are often confused. In West Virginia, civil fraud is defined as a deliberately false statement or act designed to defraud another person or entity of property or money. Fraudulent activities could include a breach of contract, a false promise, or a false statement of fact. In order for a party to be found guilty of civil fraud, they must have knowingly or recklessly made a false statement or acted with intent to deceive. Misrepresentation, on the other hand, does not require intent. Misrepresentation is an untrue statement that is made but does not necessarily involve fraud or malicious intent. Examples of misrepresentation include acts of innocent ignorance, carelessness, or mistake. The key distinction between civil fraud and misrepresentation is the presence of intent. In civil fraud, it must be proven that the allegedly false statement or act was done with intent to deceive. In misrepresentation, this intent is not necessary for legal repercussions. Instead, the false statement simply must have been made, even if it was done innocently or by mistake.

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What is the difference between civil fraud and misrepresentation?

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