California Civil Jury Instructions (CACI) (2017)

3321. Secret Rebates - Definition of "Secret"

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3321.Secret Rebates—Definition of “Secret”
[Rebates/Refunds/Commissions/Unearned discounts/Services or
privileges] are “secret” if they are concealed from or not disclosed to
other buyers.
New September 2003
Sources and Authority
• “Viewing the evidence most favorably to [plaintiff], the nondisclosure of
[defendant]’s receipt of maximum discounts to which it was not entitled
certainly could be construed as a ‘secret’ allowance.” (Diesel Elec. Sales &
Serv., Inc. v. Marco Marine San Diego (1993) 16 Cal.App.4th 202, 212 [20
Cal.Rptr.2d 62].)
Secondary Sources
1 Witkin, Summary of California Law (10th ed. 2005) Contracts, §§ 609–615
3 Levy et al., California Torts, Ch. 40, Fraud and Deceit and Other Business Torts,
§ 40.153 (Matthew Bender)
49 California Forms of Pleading and Practice, Ch. 565, Unfair Competition
(Matthew Bender)
23 California Points and Authorities, Ch. 235, Unfair Competition (Matthew
1 Matthew Bender Practice Guide: California Unfair Competition and Business
Torts, Ch. 5, Antitrust, 5.46[5], 5.47[4]
3322–3329. Reserved for Future Use