The 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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