What are the elements of constructive fraud and fraudulent concealment?

California, United States of America


The following excerpt is from Sabadia v. Holland & Knight LLP, B242773 (Cal. App. 2018):

In the case of constructive fraud and fraudulent concealment, the two showings are controlled by elements common to fraud claims. Broadly speaking, "there are two causation elements in a fraud cause of action. First, the plaintiff's actual and justifiable reliance on the defendant's misrepresentation must have caused him to take a detrimental course of action. Second, the detrimental action taken by the plaintiff must have caused his alleged damage." (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1062.)

Other Questions


What is the applicable statute of limitations for a claim for constructive fraud, breach of contract and constructive fraud? (California, United States of America)
What is the test for establishing that language is sufficient to require the construction of a statutory definition for the purpose of establishing that a section of law does not need to include the words "constant construction" in its construction? (California, United States of America)
What are the elements of fraud, misrepresentation, concealment or nondisclosure? (California, United States of America)
Can a defendant be found guilty of concealing, concealing or concealing stolen property? (California, United States of America)
What are the elements of a constructive fraud claim? (California, United States of America)
What are the elements of fraud under the California Fraud Act? (California, United States of America)
What are the elements of fraud and deceit based on concealment? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
What are the elements of a claim for damages for misrepresentation and constructive fraud? (California, United States of America)
What are the elements of a fraudulent concealment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.