fraud

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Related to fraudulently: finagler, phony, defrauded

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.
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References in periodicals archive ?
He said that the defendant fraudulently obtained the spicy meat on credit from the complainant, Mr Reginald Nwogbo, on the pretext of paying for it after sales, but converted the money to his personal use.
"At approximately 12.50pm on Saturday, June 29, 2019, the offender gained entry Police want talk to this to a storage cupboard and stole a member of staff's mobile phone and bank card "The bank card was subsequently used at some nearby shops, where items were fraudulently purchased.
In the first count, Kalume was charged alongside others who were not before the court with fraudulently making payments from public revenue.
A former personal assistant of JK Rowling has been ordered to repay PS18,734 to the Harry Potter author after ruling she obtained the money fraudulently.
A STOCKTON man has admitted fraudulently submitting false time sheets to a council to the tune of more than PS20,000.
Coatbridge woman Amanda Donaldson, 35, who is accused of fraudulently using the world-famous author's credit card, was suspended and later dismissed in 2017 over alleged unauthorised spending and the taking of Harry Potter merchandise to a total value of PS22,236.
The accused launched illegal housing project 'Al Raheem Villas' on the said land which was further fraudulently sold to general public by Javed Iqbal, Amir Ali and Irshad Khaskheli.
According to the details, the accused launched an illegal housing project named Al Raheem Villas on the said land which was further fraudulently sold to thegeneral public by Javed Iqbal, Amir Ali and Irshad Khaskheli.Accused Qazi Jan Muhammad, who was then the Malir District Commissioner(DC), fraudulently issued sanads of a fake village named Abdullah Shah Ghazi Goth Block F-II for the same land thus facilitating the land grabbing.
Amanda Donaldson, 35, who is accused of fraudulently using the author's credit card, was suspended and later dismissed in 2017 over alleged unauthorised spending and the taking of Harry Potter merchandise to a total value of PS22,236.
Summary: New Delhi [India], Jan 30 (ANI): CBI on Wednesday registered five cases against Bhaben Maitra, Senior Manager, Engine Division, HAL and other HAL employees in Odisha, on charges of fraudulently misappropriating funds to the tune of around Rs 13 crore.
A New Jersey woman has pleaded guilty to fraudulently obtaining insurance identification cards as part of a scheme to steal luxury used vehicles from dealerships in New Jersey and New York.
Sialkot -- A youth was arrested for fraudulently sitting in exam in place of the other.