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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 ?
Despite his long-practiced acting skills, he can't hide phoniness.
For ``Hurlyburly,'' David Rabe has adapted his 1984 off-Broadway play for the screen, whittling it down from three hours to a more concise but still tortuous two hours of navel gazing, self-absorption and phoniness.
The final installment of the sitcom that skewers Hollywood phoniness features guest stars including Warren Beatty, Carol Burnett, Jerry Seinfeld, Ellen DeGeneres, Jim Carrey and David Duchovny.
Lawrence personified everything I dislike about the Clinton administration - the manipulating phoniness and insincerity.
He does not reek of the phoniness and insincerity that so many politicians, on both sides of the political spectrum, so often do.
The actresses do as well as the phoniness of the filmmaking allows, though only Blanchett, as an Australian nurse, convinces us she is playing a character and not just play-acting.
Even when putting aside his character problems, he is an uninspiring leader, in uninspiring times, who reeks of phoniness and insincerity.
Lately, plays depicting the phoniness and venality of Hollywood seem to be multiplying.
Chaves just objects to the phoniness, pretending players are transferring for one reason - to pursue a graduate degree in a program not offered at their current institution - when they're actually transferring to further their athletics careers.
And of course, given the general phoniness, one hesitates to believe the important stuff, e.
We are thus encouraged to admire the works' hard-earned illusionism as well as their candid phoniness.