Nevada Jury Instructions: Fraudulent Concealment; Elements

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CONCEALMENT; ELEMENTS

  1. The defendant must have concealed or suppressed a material fact;
  1. The defendant must have been under a duty to disclose the fact to the plaintiff;
  1. The defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, that is, he must have concealed or suppressed the fact for the purpose of inducing the plaintiff to act differently than he would if he knew the fact;
  1. The plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact;
  1. And, finally, as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage.

NEV. J.I. 9.03

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. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.