fraudulent concealment

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 reviewed in January of 2023 by the Wex Definitions Team]

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