1. The defendant made a misrepresentation or material omission of fact;
2. That misrepresentation or omission induced the plaintiff to enter into a contract or purchase something from the defendant;
3. The defendant knew the misrepresentation to be false and intended to induce the plaintiff’s reliance (“scienter”);
4. The plaintiff justifiably relied on the misrepresentation or omission; and
5. Resulting injury to the plaintiff.

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