fraudulent concealment

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Under contract law, a plaintiff can recover from a defendant on the grounds of fraudulent concealment where the defendant: 

  1. concealed or suppressed a material fact;  
  2. had knowledge of this material fact; 
  3. that this material fact was not within reasonably diligent attention, observation, and judgment of the plaintiff; 
  4. that the defendant suppressed or concealed this fact with the intention that the plaintiff be misled as to the true condition of the property
  5. that the plaintiff was reasonably so misled; and 
  6. that the plaintiff suffered damages as a result.

[Last updated in January of 2023 by the Wex Definitions Team]