1708 Duty to Avoid Injuring Persons or Property

Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.

1709 Deceit

FRAUDULENT DECEIT. One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.

1710 Elements of Actionable Fraud

DECEIT, WHAT. A deceit, within the meaning of the last section, is either: 

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 

2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;

3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or,

 4. A promise, made without any intention of performing it.

1711 Intent to Defraud Public Includes Any Deceived Person

DECEIT UPON THE PUBLIC, ETC. One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit.

1712 Restoration of thing wrongfully acquired; exceptions

Restoration of thing wrongfully acquired. One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.

1713 Demand Not Necessary

WHEN DEMAND NECESSARY. The restoration required by the last section must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake.

3336 Personal property; conversion; presumption

The detriment caused by the wrongful conversion of personal property is presumed to be: 

First--The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and 

Second--A fair compensation for the time and money properly expended in pursuit of the property.