CACI No. 3321. Secret Rebates - Definition of “Secret”

Judicial Council of California Civil Jury Instructions (2024 edition)

Download PDF
Bg978
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 (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]
3322-3329. Reserved for Future Use
562

© Judicial Council of California.