fraud

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Related to defraud: forge, fraudulence, incontinency

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 ?
Bereft of his cake, defrauded of his frolic, and borne away by a strong hand to that detested bed, poor Demi could not restrain his wrath, but openly defied Papa, and kicked and screamed lustily all the way upstairs.
This girl," he continued, looking at me, "knew no more than you, Wood, of the disgusting secret: she thought all was fair and legal and never dreamt she was going to be entrapped into a feigned union with a defrauded wretch, already bound to a bad, mad, and embruted partner!
He has defrauded justice, and opposed his king and lawful master, for he opposed his just commands; he has, I say, robbed the galleys of their feet, stirred up the Holy Brotherhood which for many years past has been quiet, and, lastly, has done a deed by which his soul may be lost without any gain to his body." Sancho had told the curate and the barber of the adventure of the galley slaves, which, so much to his glory, his master had achieved, and hence the curate in alluding to it made the most of it to see what would be said or done by Don Quixote; who changed colour at every word, not daring to say that it was he who had been the liberator of those worthy people.
The 630-page reference states that Tayyaba and her husband Farooq, along with their accomplices, used to defraud innocent people impersonating officials of secret agencies and NAB.
Justice Azmat Saeed Sheikh rejected Afzal Khaliq's bail plea, saying that those who defraud the public were not worthy of any leniency.
class="MsoNormalAccording to an investigator, who requested not to be named because he is not authorised to talk to press, Mr Muthoni will be charged in court tomorrow (Tuesday) with three counts - conspiracy to defraud, forgery and obtaining money by false pretence.
Runtown has never and will never defraud anyone, ' the statement read
The group abused the often trusting nature of people to defraud them out of large sums of money - often their life savings.
Noor, 43, of Clarendon Road, Whalley Range, was jailed for nine years for two counts of conspiracy to defraud and conspiracy to steal.
IANS New Delhi The Punjab National Bank (PNB) has filed a fresh complaint to the CBI alleging it has uncovered additional exposure of about Rs 942.18 crore defraud by Gitanjali Group of companies in connection with a multi-crore fraud.
He also faced one allegation of conspiracy to defraud and one of acting with intent to prejudice/defraud HM Revenue and Customs.
| Stanley Miller, 56, of South Grange, Ryton, is accused of three counts of knowingly being concerned in the fraudulent evasion of VAT involving the same three companies, two counts of concealing/disguising or transferring criminal property and one count of acting with intent to prejudice/ defraud HM Revenue and Customs.