What is the difference between civil fraud and fraud by silence?

Civil fraud and fraud by silence are two related but distinct violations of civil law in California. Civil fraud is the intentional misrepresentation of facts made with the intent to deceive. This can include a false statement of fact, half truths, or failing to disclose information. For example, if Person A sells a car to Person B, and Person A failed to disclose that the car had a faulty transmission even though he was aware of the issue, that act would qualify as civil fraud. Fraud by silence is when someone has a duty to disclose a material fact to another person, and fails to do so. This is often considered a form of concealment and is illegal. For example, if Person B purchases a car from Person A, but Person A had a previous accident with the car and failed to disclose this fact, that would be considered fraud by silence. In both cases, the innocent party is harmed by the fraudulent activity, and may be entitled to compensation for the losses or damages incurred. In California, a civil fraud lawsuit must be filed within three years of when the fraud was discovered or should have been discovered. A fraud by silence claim must be filed within two years of when the fraud was committed.

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What is the difference between civil fraud and fraud by silence?

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