Fraud, Fraudulent Misrepresentation, Intentional Misrepresentation, and Fraudulent Concealment

Fraud, also referred to as Fraudulent Misrepresentation or Intentional Misrepresentation, is when a person knowingly makes a false statement of fact, intending another person to act on that false statement to their detriment. Fraudulent Concealment is a type of fraud that occurs when a person suppresses or omits a material fact instead of making a false statement.

The elements of fraud are:

1. A party makes a false representation
2. With knowledge or belief that the representation is false or is without sufficient foundation
3. The party making the representation intends to induce another’s reliance
4. Damages result from this reliance

Nelson v. Heer, 163 P.3d 420, 426 (Nev. 2007).

The elements of fraudulent concealment are:

1. A party conceals, suppresses, or otherwise omits a material fact
2. The party was bound in good faith or by fiduciary duty to disclose the material fact
3. The party concealing or omitting the fact intends to induce another’s reliance on the belief that the fact does not exist
4. Damages result from this reliance

Dow Chem. Co. v. Mahlum, 970 P.2d 98, 110 (Nev. 1998).; see also Nelson v. Heer, 163 P.3d 420, 426 (Nev. 2007).