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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 periodicals archive ?
Also sentenced were Claire Hayes, of Mansfield, who admitted defrauding both colleges, Carolanne Ravenscroft, of Ewloe, Wales, who was found guilty of defrauding the colleges after a trial and Kieran England, of Liverpool, who was found guilty of conspiring to defraud both colleges after a trial.
But former executive Steve Sugerman, who pleaded guilty to defrauding the DWP and is scheduled to be sentenced next month, continues to do communications work for the massive Playa Vista development, which gets numerous city entitlements.
Citibank subsequently filed a criminal complaint with prosecutors, accusing Kawanami of defrauding about 1.
VICTORIA -- Income assistance recipient Darlene Lake is not guilty of defrauding the province of almost $34,000, a B.
THE jury yesterday retired to consider its verdict in the trial of Ron Dawson and two of his associates accused of defrauding shareholders in a bloodstock company.
It's just somewhat astonishing that it took the body until December to act on a discovery of such a long-standing problem as continuing to employ workers found guilty of defrauding the system - a symptom surely of the lack of workplace discipline in the public sector.
As a result, defendants' scheme not only defrauded advertisers, but artificially inflated the value of Belo's stock, thus defrauding investors as well.