What is the test for a claim of fraudulent misrepresentation, concealment or misrepresentation in relation to a science project?

California, United States of America


The following excerpt is from Ryder v. Lightstorm Entm't, Inc., 201 Cal.Rptr.3d 110, 246 Cal.App.4th 1064 (Cal. App. 2016):

To prove fraud, a plaintiff must present evidence of " "(1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage." " (Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App.4th 1443, 14521453, 127 Cal.Rptr.3d 372.) Promissory fraud is a species of fraud requiring proof of "(1) a promise made regarding a material fact without any intention of performing it; (2) the existence of the intent not to perform at the time the promise was made; (3) intent to deceive or induce the promisee to enter into a transaction; (4) reasonable reliance by the promisee; (5) nonperformance by the party making the promise; and (6) resulting damage to the promise[e]."

[201 Cal.Rptr.3d 123]

" (Id. at p. 1453, 127 Cal.Rptr.3d 372.)

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