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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 ?
police, are e-mails that make the same phony claim of an en route package, but with a request that you purchase insurance on it, via a credit card or money order.
approved several personal loans to phony clients, saying that they worked for N.
The Phony Fisherman is also in Patent Pending status within the United States Patent and Trademark Office.
Poor woman, she trusted her son and son-in-law and invested all her saving in this phony project.
The phony group's Web site includes a supposed testimonial from a Madoff victim who received funds from the organization.
To operate the Phony Money Detector, simply push the snap-on battery connector sideways so that the connector makes a good connection with the battery.
He also filed a phony mortgage record and a "revocation of power of attorney," in 2008 with the City Register, the DA's office said.
Using impressive interviewing skills she perpetuated this phony background, using her first entry as a stepping stone to larger gains.
Summary: Egyptian residents from the "Al Matrooh" area in Cairo Egypt are protesting the new television drama series "Sharaf Fatah Al Bab" (Sharaf Opened the Door), claiming the outdoor scenes filmed in the streets are phony
INDIANAPOLIS -- The Indianapolis archdiocese is suing the online social networking site Facebook to learn the identity of the person who developed a phony Facebook page in the name of a high school administrator.
TONY: And I have Phony, Phony Tonyed across the south of our nation.
Two men were arrested on suspicion of trying to buy $70,000 in Rolex watches from Ben Bridge Jeweler at the Glendale Galleria using phony credit cards and stolen IDs, police said Thursday.