FRAUD – Legal Liability for Fraud – Civil Tort for Fraudulent Concealment or Concealment Fraud
August 20, 2019
The most common question we get is: “What is Fraud”? Civil fraud arises in various setting, one of which is when a fraudster commits concealment fraud or fraudulently concealment of a material fact. Fraud concealment occurs when a party conceals or intentionally suppresses a material fact. 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 concealment fraud or fraudulently concealment. A fraud victim can recover legal and punitive damages for fraud in a civil claim, holding the fraudster legally liable.
There are various grounds for which a wrongdoer can be held legally liable for fraud, one of which is fraud via concealment fraud or fraudulently concealment. A fraudster is held legally liable for fraud when money, property or personal gain is acquired by concealment fraud or fraudulently concealment.
California Civil Code Section 1710(3) encapsulates legal liability for fraud via concealment fraud or fraudulently concealmentas follows:
“A deceit, within the meaning of the last section, is … [Intentionally Omitted] … 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.”
This post is one of a series of Fraud blogs discussing the specific California Civil Code Sections that encapsulate civil liabilities for fraud. Additional posts in this Fraud series are linked below:
If you have fallen victim to fraud or have questions about legal liability as it relates to fraud via concealment fraud or fraudulently concealmentwe encourage you to contact our offices at 619-432-5145 for a free consultation with one of our civil fraud attorneys and fraud lawyers.
Can the injury element fro fraudulent concealment be emotional?
Thank you for your question.
In fraud cases where damages are emotional, the underlying action giving rise to the claim should be extreme and egregious to justify filing a fraud litigation claim.
*** Please be aware that every case is specific and unique, for that reason we encourage you to contact our offices at 6194325145 for a free phone consultation to discuss your potential fraud claim.
I’m looking for help with a fraudulent concealment, and other crimes, claim stemming from a trust.