fraud

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Related to defrauded: fraudulently, finagler

fraud,

in law, willful misrepresentation intended to deprive another of some right. The offense, generally only a torttort,
in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages.
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, may also constitute the crime of false pretenses. Frauds are either actual or constructive. An actual fraud requires that the act be motivated by the desire to deceive another to his harm, while a constructive fraud is a presumption of overreaching conduct that arises when a profit is made from a relation of trust (see fiduciaryfiduciary
, in law, a person who is obliged to discharge faithfully a responsibility of trust toward another. Among the common fiduciary relationships are guardian to ward, parent to child, lawyer to client, corporate director to corporation, trustee to trust, and business
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). The courts have found it undesirable to make a rigid definition of the type of misrepresentation that amounts to actual fraud and have preferred to consider individually the factors in each case. The misrepresentation may be a positive lie, a failure to disclose information, or even a statement made in reckless disregard of possible inaccuracy. Actual fraud can never be the result of accident or negligencenegligence,
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances.
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, because of the requirement that the act be intended to deceive. The question of commission may depend upon the competence and commercial knowledge of the alleged victim. Thus dealings with a minor, a lunatic, a feeble-minded person, a drunkard, or (in former times) a married woman are scrutinized more closely than dealings with an experienced businessman. A lawsuit based upon actual or constructive fraud must specify the fraudulent act, the plaintiff's reliance on it, and the loss suffered. The remedy granted to the plaintiff in most cases is either compensatory (and possibly punitive) damagesdamages,
money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought.
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 for the injury or cancellation of the contract or other agreement and the restoration of the parties to their former status. In a few states of the United States both damages and cancellation are available. In certain suits based upon a contract, fraud may be introduced as a defense.
References in classic literature ?
But, not to be still further defrauded and overreached--which he would be, if implicated by Riderhood, and punished by the law for his abject failure, as though it had been a success--he kept close in his school during the day, ventured out warily at night, and went no more to the railway station.
ISLAMABAD -- Countless innocent citizens of Islamabad have been defrauded of crore of rupees by fraudulent gangs, elements operating in the City.
Det Insp Andy Howard, of West Yorkshire Police's Economic Crime Unit, said: "Exley and her co-accused carried out an organised crime during which they defrauded both the Royal Bank of Scotland Insurance and the Royal Sun Alliance by falsifying pet insurance claims.
A Tarzana man was arrested Tuesday on charges that he allegedly duped and defrauded customers who brought cars into his two local auto repair shops, authorities said.
Is Jesus implying that if a rich person is so rich it may well be the result of having defrauded the poor?
The American investors, allege that Lett defrauded them out of $10-million, and that Ridley's gift came out of funds they entrusted to Lett.
Now the eligible risk managers who may fall under the category of alleged defrauded clients will be receiving letters from Marsh in May, asking them to decide by Sept.
The police alleged Kawanomi defrauded a 77-year-old businesswoman in Yokohama of nine checks worth 828 million yen and 20 million yen in cash claiming he would deposit her money with the bank, police said.
AN American who defrauded internet auction shoppers out of more than pounds 60,000 has been jailed for 12 years in what prosecutors say is the stiffest penalty yet for such an offence.