By

In Nevada, the elements for a claim of constructive fraud are:

  1. The existence of a confidential relationship or some legal or equitable duty or fiduciary duty;
  2. Breach of that duty in a way that the law declares fraudulent because of its tendency to deceive others or to violate a duty or confidence; and
  3. Causation and damages.

Perry v. Jordan, 111 Nev. 943, 947, 900 P.2d 335, 337 – 338 (1995); Long v. Towne, 98 Nev. 11, 13, 639 P.2d 528, 530 (1982); Exec. Mgmt. v. Ticor Title Ins. Co., 114 Nev. 823, 963 P. 2d 465 (Nev. 1998);  In re Guardianship of Chandos, 18 Ariz.App. 583, 504 P.2d 524 (Ariz. App. 1972); Kudokas v. Balkus, 26 Cal. App.3d 744, 103 Cal.Rptr. 318, 321 (1972).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.