PROMISE WITHOUT INTENT TO PERFORM; ELEMENTS

• The defendant must have made a promise as to a material matter and, at the time he made it, he must have intended not to perform it;

• The defendant must have made the promise with an intent to defraud the plaintiff, that is, he must have made the promise for the purpose of inducing plaintiff to rely upon it, and to act or refrain from acting in reliance upon it;

• The plaintiff must have been unaware of the defendant’s intention not to perform the promise, he must have acted in reliance upon the promise, and he must have been justified in relying upon the promise made by the defendant;

• And, finally, as a result of his reliance upon defendant’s promise, the plaintiff must have sustained damage.

NEV. J.I. 9.04

BAJI 12.40