fraud

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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 ?
The defendants allegedly used the phony accounts to deposit forged insurance payout checks stolen from PPA, and also to deposit phony PPA checks purportedly made out to defendant-controlled bank accounts.
Research also shows that people are more likely to share images than plain text on social media, so phony pics spread quickly.
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They advertise their phony businesses in the media to the unsuspecting public.
He said on the micro-blogging site: "They made up a phony collusion with the Russians story, found zero proof, so now they go for obstruction of justice on the phony story.
He said: "They made up a phony collusion with the Russians story, found zero proof, so now they go for obstruction of justice on the phony story.
Furthermore, Pacquaio's phony religiosity and his loud denunciation of gay people should have shown his true colors to the general mass of Filipinos.
Some slow your computer's performance and trigger phony security alerts, followed by pop-up offers to sell you fake antivirus protection--what Is known as scareware.
The 42-year-old Pakistani banker, S.T., who worked for the duped bank, and his 30-year-old countryman friend, N.C., forged bank documents on behalf of more than five phony clients to process loans and release the money in the form of cheques between 2010 and 2011.
The Phony Fisherman provides its users with a clear alert every time there is a potential bite on their fishing line.
The Riverside County Sheriff's Department has released photos of a woman entering and leaving a grocery store who they say is a person of interest in the case of the phony dough.