What are the elements of a nondisclosure cause of action?

California, United States of America


The following excerpt is from Continental Airlines, Inc. v. McDonnell Douglas Corp., 216 Cal.App.3d 388, 264 Cal.Rptr. 779 (Cal. App. 1989):

In Lingsch v. Savage (1963) 213 Cal.App.2d 729, 29 Cal.Rptr. 201, the court set forth the components of a nondisclosure cause of action as follows: "(1) Nondisclosure by the defendant of facts materially affecting the value or desirability of the property; (2) Defendant's knowledge of such facts and of their being unknown to or beyond the reach of the plaintiff; (3) Defendant's intention to induce action by the plaintiff; (4) Inducement of the plaintiff to act by reason of the nondisclosure and (5) Resulting damages." (Id. at p. 738, 29 Cal.Rptr. 201, emphasis added; see County of Mariposa v. Yosemite West [216 Cal.App.3d 405] Associates (1988) 202 Cal.App.3d 791, 812, 248 Cal.Rptr. 778; Barnhouse v. City of Pinole (1982) 133 Cal.App.3d 171, 190, fn. 7, 183 Cal.Rptr. 881.)

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