breach of contract, intentional and negligent misrepresentation, breach of warranty, and breach of the implied covenant of good faith.

fraud is established when a misrepresentation is knowingly made with the intent to induce reliance, and justifiable reliance results, see: Crocker-Citizens National Bank v. Control Metals Corp., 566 F.2d 631, 636-37 (9th Cir. 1978);

fraud is properly inferred from the immediate failure to perform a promise.