a. Introduction
This claim is very similar to deceit, but is particular to the context of making a contract. A victim who received consideration for the creation of sexual photos/videos under a contract that involved a promise of confidentiality or deletion, may have a claim under this statute if the photos/videos were then published online. As with deceit, it will be difficult to prove specific intent to break a promise at the time the promise was made.
b. Text of the Statute
“Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
3. The suppression of that which is true, by one having knowledge or belief of the fact;
4. A promise made without any intention of performing it; or,
5. Any other act fitted to deceive.”1
c. Cases
Research is ongoing.
d. Practice Pointers
It will be difficult to prove specific intent to break a promise. The remedy for this claim would be damages under the contract.
- 1. Cal. Civ. Code § 1572 (West 2011).