CACI 3321 Secret Rebates—Definition of Secret

California Civil Jury Instructions CACI

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.

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 (11th ed. 2017) Contracts, §§ 623–629
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, § 565.52[4] (Matthew Bender)
23 California Points and Authorities, Ch. 235, Unfair Competition, § 235.29 (Matthew Bender)
1 Matthew Bender Practice Guide: California Unfair Competition and Business Torts, Ch. 5, Antitrust, 5.46[5], 5.47[4]