[Anonymous]

The requirements of common law Fraud in a nutshell are

1) damages

2) material misrepresentation of a fact

3) scienter: intentional or gross negligence

4) justifiable reliance

So if scienter, which I sometimes refer to as science fiction, is more towards the scale of gross negligence, does this constitute constructive fraud instead of fraud?

My understanding is that the only difference is gross negligence or reckless disregard rather than pure intentional.

If I’m incorrect or your understanding differs please chime in. It will help you review.