What are the elements of promissory fraud?

California, United States of America


The following excerpt is from Neman Real Estate Invs., LLC v. Oken, B263196, B265718 (Cal. App. 2017):

"'Promissory fraud' is a subspecies of the action for fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that may be actionable fraud. [Citations.] [] An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract. [Citation.]" (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) The elements of fraud 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.]" (Ibid.)

1. Promise

Other Questions


What are the elements of promissory fraud? (California, United States of America)
What are the elements of fraud under the California Fraud Act? (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)
Does the fact that the alleged fraud may have resulted from conspiracy or intrinsic to extrinsic fraud change the definition of conspiracy to commit an act of fraud? (California, United States of America)
What are the elements of a promissory 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)
What is the test for fraudulent intent in the context of a promissory fraud claim? (California, United States of America)
What are the elements of a cause of action for promissory estoppel? (California, United States of America)
Does a plea of not guilty put "all the elements of the elements" of a charged murder charge in issue? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.