fraud


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Related to fraud: fraudulently, identity theft, fraudsters

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 ?
He has abused your credulity and involved you all in an attempted fraud, for when all is said and done this claim is nothing else
But Glinda was now really angry, and sent word to Jinjur that the fraud was discovered and she must deliver up the real Mombi or suffer terrible consequences.
AN eminent Justice of the Supreme Court of Patagascar was accused of having obtained his appointment by fraud.
Ye see our danger on the utmost edge Of hazard, which admits no long debate, But must with something sudden be opposed (Not force, but well-couched fraud, well-woven snares), Ere in the head of nations he appear, Their king, their leader, and supreme on Earth.
Supposing her confession to have been made, or supposing the woman whom she had personated to have discovered the means of exposing the fraud, what advantage, she now asked herself, would Miss Roseberry derive from Mercy Merrick's disgrace?
There was the false hope of making the inevitable atonement by some other means than by the confession of the fraud.
I am speaking, as before, of injustice on a large scale in which the advantage of the unjust is more apparent; and my meaning will be most clearly seen if we turn to that highest form of injustice in which the criminal is the happiest of men, and the sufferers or those who refuse to do injustice are the most miserable--that is to say tyranny, which by fraud and force takes away the property of others, not little by little but wholesale; comprehending in one, things sacred as well as profane, private and public; for which acts of wrong, if he were detected perpetrating any one of them singly, he would be punished and incur great disgrace-- they who do such wrong in particular cases are called robbers of temples, and man-stealers and burglars and swindlers and thieves.
A treacherous friend is the most dangerous enemy; and I will say boldly, that both religion and virtue have received more real discredit from hypocrites than the wittiest profligates or infidels could ever cast upon them: nay, farther, as these two, in their purity, are rightly called the bands of civil society, and are indeed the greatest of blessings; so when poisoned and corrupted with fraud, pretence, and affectation, they have become the worst of civil curses, and have enabled men to perpetrate the most cruel mischiefs to their own species.
Do you mean to invent some sort of pious fraud for your mother's sake?
But I warn you, by all I hold most solemn and most sacred, that instant will have you apprehended on a charge of fraud and robbery.
In fact I lived over in my small way the epoch of the eighteenth century in which these curious frauds found polite acceptance all over Europe, and I think yet that they were really worthier of acceptance than most of the artificialities that then passed for poetry.
Wife, children, friends--in the clear, white light of his logic they are exposed as frauds and shams.