What are the elements of a fraud and deceit based on concealment?

MultiRegion, United States of America

The following excerpt is from Gray v. Romero, 1:13-cv-01473-DAD-GSA-PC (E.D. Cal. 2018):

In California, "[t]he elements of an action for fraud and deceit based on concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." Boschma v. Home Loan

Page 22

Other Questions


What are the elements of fraud and deceit in the context of promissory fraud? (MultiRegion, United States of America)
What are the elements of mail fraud and wire fraud? (MultiRegion, United States of America)
Does the purchaser-seller standing limitation of Rule 10b-5 apply to a RICO claim when the act of fraud is based on acts of securities fraud? (MultiRegion, United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
What are the elements of mail fraud and how have the elements been defined? (MultiRegion, United States of America)
What is the current state of the law on fraud based on a relationship between an employer and employee? (MultiRegion, United States of America)
What are the elements of a federal mail fraud violation? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
What is the current state of the law when it comes to determining the elements of a criminal conviction based on a single crime? (MultiRegion, United States of America)
What are the six elements of securities fraud? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.