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.
References in periodicals archive ?
Bahawalpur-based Al- Rehman Oil Mills complained to CCP against nine companies including Niaz Corporation, Hamza CorpoAraAtion, Muslim Corporation, Mian Traders, Bahawalpur Oil Mills, Riaz Oil Mills, Baloch Oil Mills, Azhar KirAyana Store, and Waqas Oil Mills for fraudulently using its registered trademark, 'Taizgaam,' with slight modifications in their marketing material.
He feared the trader was acting fraudulently and, sure enough, a further PS29.
Your bank can refuse a refund for an unauthorised payment if they can prove you authorised the payment, you acted fraudulently in relation to the payment, were negligent in protecting access to your accounts or failed to notify the bank within 13 months of the unauthorised payment.
Nayyar Sultana Bukhari fraudulently transferred the ownership of SIM number 0321-8953580 belonging to Laila Ali Khan to her own name from Mobilink Business Center Gulshan-e-Iqbal Karachi, FIA director said.
Summary: The scammers are using a fake DFSA application form to fraudulently offer a "Fund Status Recognition Certificate"
A Kenyan has been deported from Israel over suspicions of obtaining visa fraudulently into the country.
Summary: Authorities looking into cases of 11 Syrian, Gulf 'sons' naturalised fraudulently
A criminal investigation by HM Revenue and Customs (HMRC) found that Avril Elliott had fraudulently reclaimed VAT between August 2008 and August 2013.
LAHORE-Federal Investigation Agency (FIA) on Wednesday arrested two persons for depriving citizens of their hard earned money fraudulently.
In a statement, Customs Chief Nicanor Faeldon said the fuel oil was fraudulently declared as industrial fuel oil laden on board MT Alpine Magnolia, a Mashall Island/Majuro Registry, docked at the vicinity of SL Harbor Bulk Terminal Corp.
Pakistan launched a crackdown against those who have obtained fake CNICs fraudulently and launched a re-verification campaign across the country.
On June 27, 2013, Thomas and Lopp fraudulently obtained $24,000 in cash advances from three different Digital FCU branches in Massachusetts and New Hampshire.