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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 ?
A month later, he was also accused of defrauding Peninah Guchu Sh2.2 million after selling her a lorry using forged documents and was released on a bond of Sh2 million by Milimani principal magistrate Kennedy Cheruiyot.
class="MsoNormalOTHER CASES class="MsoNormalHe was charged with others not before the court with defrauding Alice Peninah Wanjiku Guchu Sh2.2 million by pretending that he was in a position to sell her a vehicle.
Caption: Berry Bishop, who lost his insurance license earlier this year, had pleaded guilty to defrauding two banks of more than $3.5 million.
It forms part of a three-year investigation into the defrauding of a 73-year-old man.
In accordance with the amendment published today, an acquirer will be permitted to refuse to provide settlement services to a merchant, or to refuse to execute a particular transaction, if the acquirer suspects that the merchants activity involves defrauding a customer.
The statement noted that while the story has it that her ADC had been detained on her orders for dropping her name and defrauding unsuspecting officials and associates, she had no hand in his arrest and detention.
Summary: Lebanese authorities Friday arrested three people accused of defrauding Syrians by charging money for false residency permits.
Felix Rooney, 35, is accused of defrauding a 72-year-old man out of the cash after offering to do roof repairs on his home.
Henry, 47, who ran Huddersfield-based firms including Reband (UK) Ltd and Council Tax Review, was accused of defrauding hundreds of people.
A former Virginia financial adviser will go to jail for more than a year for defrauding elderly clients out of nearly $1 million.
The investigation found that former Castle College employee Kay Edwards, of Mansfield, who pleaded guilty to defrauding them out of pounds 475,391 and was jailed for 33 months, passed on details to Andrew Leathwood, of Prenton, and Leslie Hayes, of Mansfield.
In April, the Court of First Instance sentenced each of the six defendants to ten years in prison and ordered them to pay a fine of Dh1.8 billion jointly for defrauding the bank of more than $500 million.