What are the elements of fraud, misrepresentation, concealment or nondisclosure?
California, United States of America
The following excerpt is from 8451 Melrose Prop., LLC v. Akhtarzad, B237052 (Cal. App. 2013):
4. " 'The elements of fraud, which give rise to the tort action for deceit, are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or "scienter"); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' [Citations.]" (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a fraud claim is based upon misrepresentation or nondisclosure by a fiduciary, is the reliance element relaxed? (California, United States of America)
Can a defendant be found guilty of concealing, concealing or concealing stolen property? (California, United States of America)
What is the test for a claim of fraudulent misrepresentation, concealment or misrepresentation in relation to a science project? (California, United States of America)
What are the elements for negligent misrepresentation and intentional misrepresentation? (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 a claim for damages for misrepresentation and constructive fraud? (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 intentional misrepresentation, or actual fraud? (California, United States of America)
What are the elements of intentional misrepresentation, or actual fraud? (California, United States of America)
What are the elements of fraud and misrepresentation? (California, United States of America)
