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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 business law, business litigation, and acting as an Arbitrator and Mediator.

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