What are the elements of fraud in the context of a tort action for deceit?
California, United States of America
The following excerpt is from Kostanian v. Ticor Title Co. of Cal., B294961 (Cal. App. 2020):
Generally, "'"[t]he 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."' [Citation.]" (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 173.)
"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
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
In what circumstances will an action for fraud be tolled for the period that those responsible for the fraud remain in control of the corporation? (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 RICO action based upon securities 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 a cause of action for fraud? (California, United States of America)
Is a breach of contract cause of action for fraud sufficient to turn into a breach/breach of contract for fraud? (California, United States of America)
Does the difference in value rule in an action for fraud and deceit inducing the purchase, sale or exchange of property? (California, United States of America)
What are the elements of fraud for deceit? (California, United States of America)
Is a statement made in the presence of a party to an action 'not essential' in the context of an action? (California, United States of America)
