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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 ?
The court heard that MacShane incurred "genuine expenses" but chose to recoup them by dishonest false accounting rather than through legitimate claims.
Like several colleagues, he admitted that he had technically committed false accounting offences by making false declarations, because he was unable to explain the shortfalls highlighted by the Horizon system, but he insisted he had never taken any money.
You've pleaded guilty now to false accounting involving a six-figure sum and that's a serious matter involving a breach of trust.
In court, Chaytor pleaded guilty to false accounting involving pounds 18,350, which he charged on his expenses.
Ncube admitted false accounting, using a false instrument and benefit fraud.
Keir Starmer, director of public prosecutions, said on Friday charges of false accounting would be brought against three members of the House of Commons and one member of the House of Lords.
MILAN: A trial for tax fraud and false accounting against Italy s Prime Minister Silvio Berlusconi will restart on Nov.
He received a suspended jail sentence for false accounting.
He was arrested on charges of authoring forged documents, false accounting and theft.
On Monday, after admitting 20 charges of fraud and false accounting, they were warned by the courts that their next port of call was likely to be a jail cell.
The Council will claim that on December 19 2007 Jayesh Patel appeared at Leicester Magistrates Court where he was convicted of 20 counts of false accounting contrary to Section 17 (1) (b) of the Theft Act and two counts of using a false instrument with intent contrary to Section 3 of the Forgery and Counterfeiting Act, 1981.