FRAUD – Legal Liability for Fraud – Civil Tort for Fraud via False Promise or Promissory Fraud
August 13, 2019
The most common question we get is: “What is Fraud”? Civil fraud arises when a fraudster commits promissory fraud or fraud via false promise for personal or monetary gain. The fraudster is subject to legal liability for civil fraud, and can be held legally liable if the fraud victim can prove that they were intentionally defrauded and incurred damages from a false promise or promissory fraud. A fraud victim can recover legal and punitive damages for fraud in a civil claim, holding the fraudster legally liable in a civil setting.
There are various grounds for which a wrongdoer can be held legally liable for fraud, one of which is fraud via false promise or promissory fraud. A fraudster is held legally liable for fraud when money, property or personal gain is acquired by promissory fraud or by use of a false promise with the intention of deceiving a fraud victim.
California Civil Code Section 1710: encapsulates legal liability for fraud via false promise or promissory fraud as follows:
“A deceit, within the meaning of the last section, is either: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or, 4. A promise, made without any intention of performing it.”
If you have fallen victim to fraud or have questions about legal liability as it relates to fraud via false promise or promissory fraud we encourage you to contact our offices at 619-432-5145 for a free consultation with one of our civil fraud attorneys and fraud lawyers.