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constructive fraud

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constructive fraud n. when the circumstances show that someone's actions gives him/her an unfair advantage over another by unfair means (lying or not telling a buyer about defects in a product, for example), the court may decide from the methods used and the result that it should treat the situation as if there was actual fraud even if all the technical elements of fraud have not been proven. (See: constructive)


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A North Carolina court of appeals ruled that shareholders of a corporation could maintain a constructive fraud action against an accounting firm.
The federal court also found that Sassoon could go forward with a claim of constructive fraud against P&G, which had over $43 billion in global sales in the fiscal year ending June 30, 2003.
The federal court also found that Sassoon could go forward with a claim of constructive fraud against the Cincinnati-based company with more than $43 billion in global sales in the fiscal year ending June 30, 2003.
 
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