Which of the following is NOT a requirement for establishing intentional misrepresentation?

In the context of intentional misrepresentation, the elements that must be established typically include the following: a misrepresentation of a material fact, the intent to induce the other party to act, actual reliance on the misrepresentation, and justifiable reliance that leads to damage.

The requirement that is NOT necessary for establishing intentional misrepresentation is the proof of profit gained from the misrepresentation. This means that even if the person making the misrepresentation does not gain any profit or benefit from it, the injured party can still succeed in a claim for intentional misrepresentation as long as they can demonstrate the other essential elements—like the intent to induce reliance, actual reliance, and justifiable reliance.

The focus of intentional misrepresentation is on the deceptive nature of the act and the resulting harm to the misled party, rather than on any financial gain obtained by the party committing the fraud. This underscores that the essence of the tort lies in the deception and its detrimental effect, not necessarily in the profits derived from it.