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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 ?
The bananafish parable, then, serves to translate Seymour's war experience rather than his incapacity to cope with the world's phoniness (36) or his suggested sexual problems.
Reid-Pharr argues that Bliss detects the phoniness of this ritual and the traditions themselves, and thus when he is old enough to choose his communal affiliation, he not only chooses whiteness, he transforms himself first into a moviemaker, a peddler of the artificial, before becoming a race-baiting Southern senator, reviling the very people and culture from which he sprang.
The Imposter Phenomenon (IP), as described by Clance and Imes (1978), is characterized by strong feelings of intellectual and professional phoniness in high-achieving individuals.
Welch also condemns the phoniness of the annual budgeting process and the downside of not establishing and staying true to company values.
They recognize the negative effects of often-displayed workplace behaviors such as impatience with disruption, frustration with impossible to-do lists, and the draining of enthusiasm caused by snappiness, phoniness, and aloofness.
But sentimentality also carries the connotation of falseness or phoniness.
Anything that remotely smacks of spin or phoniness will spell ruin.
To be effective, though, this reformer must remain true to self, shielded from phoniness by ironic detachment.
Despite his phoniness, Sprott is not without redeeming qualities.
The impostor phenomenon has been defined as "an internal experience of intellectual phoniness in high achievers who are unable to internalize their successful experiences" (Bernard et al.
Chidester fails to acknowledge many obvious American antecedents of our contemporary fakery and phoniness, including P.
He and Ferlinghetti saw The Big Lie, the phoniness and duplicity of