What are the elements of fraud in the inducement?

California, United States of America


The following excerpt is from Weiner v. Homes, D067436 (Cal. App. 2015):

Fraud in the inducement is a subset of the fraud tort occurring when the promisor's consent is induced by fraud. (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) The elements of fraud are: (1) a misrepresentation (false representation, concealment, or nondisclosure); (2) scienter or knowledge of its falsity; (3) intent to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Ibid.)

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