What are the elements of fraud and deceit in the context of promissory fraud?
MultiRegion, United States of America
The following excerpt is from Shue v. Optimer Pharms., Inc., Case No.: 3:16-cv-02566-BEN-JLB (S.D. Cal. 2017):
quotation marks omitted). "'Promissory fraud' is a subspecies of the action for fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that may be actionable fraud.'" Lazar v. Superior Court, 12 Cal. 4th 631, 638 (1996) (applying the elements of fraud and deceit to promissory fraud) (citations omitted).
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