Elements for a Claim of Fraudulent Concealment

In Nevada, the elements for a claim of fraudulent concealment are:

  1. Defendant concealed or suppressed a material fact;
  2. Defendant was under a duty to disclose the concealed fact;
  3. Defendant intentionally concealed or suppressed the fact with the intention of defrauding plaintiff;
  4. Plaintiff did not know about the fact and would have acted differently had they known; and
  5. Plaintiff sustained Causation and damages as a result of the concealment or suppression of the fact.

NEVADA JURY INSTRUCTIONS 9.03; Nevada Power Co. v. Monsanto Co., 891 F.Supp. 1406, 1415 (D. Nev. 1995); Riviera v. Morris, Inc., 395 F.3d 142 (9th Cir. 2005) (citing Dow Chem. Co. v. Mahlum, 14 Nev. 1468 (1998) overruled in part on other grounds).

 

See elements for other claims at the Nevada Law Library

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Jay Young, Mediator and Arbitrator

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. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see http://nevadalaw.info/disclaimer

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