1) Why is a heightened pleading requirement used in
with allegations of fraud and mistake? Is the concern about notice or likely frivolousness?
2) Does R. 9(b) apply only to complaints or can it apply to answers as well?
3) It will be helpful to know the elements of a cause of action for
fraud: They are
a. the defendant made a representation (or an omission if there was duty to speak)
b. that was false
c. and material
d. with knowledge of falsity (sometimes intent that plaintiff rely on the misrepresentation is included)
e. the plaintiff reasonably relied on the misrepresentation by the defendant
f. causing damages
4) Why did R. 9(b) make an exception in the particularity requirement for allegations of fraudulent intent?