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)

References in periodicals archive ?
The complaint alleges that this unauthorized disclosure of CVDI's trade secrets is (i) a breach of the license agreement between BMC and CVDI, (ii) a breach of the fiduciary duty owed by BMC to CVDI, (iii) constructive fraud, (iv) a misappropriation of CVDI's trade secrets in violation of North Carolina's Trade Secrets Act and (v) constitutes unfair trade practices in violation of the North Carolina Unfair Trade Practices Act.
The second prong of constructive fraud requires that the LBO meet one of three standards of financial distress.
section] 548, allowing a bankruptcy trustee to recover fraudulent transfers under both actual fraud and constructive fraud theories.
Case studies and real-life application of fraudulent conveyance laws and recognizing and avoiding exposure in cases premised upon constructive fraud
As a result of Zuckerberg's constructive fraud, as a member of the General Partnership, Ceglia has been deprived of his 50% interest in all consideration received by Zuckerberg or promised to Zuckerberg in exchange for the General Partnership's assets, including, but not limited to, cash, stock, stock options, restricted stock units and/or any other consideration.
Macevicz in breaking the agreement, as well as constructive fraud and unfair competition.
The physician's failure to disclose that which he knows, or in the exercise of reasonable care should have known constitutes constructive fraud.
Based on these and other factors, the court found the transfer of the Park Avenue Property was both an actual and constructive fraud.
He is suing the couple and Sharon Osbourne Management for breach of contract and constructive fraud.
For example, plaintiffs who claimed water trapped by synthetic stucco caused structural damage and decreased the value of their homes sued the builder, alleging fraud, constructive fraud, breach of contract, breach of warranty, violation of the Virginia Consumer Protection Act, false advertising, and negligence per se.
According to Herdrich's theory of the case, the HMO committed fiduciary breach and constructive fraud by having an arrangement that "rewarded its physician owners for limiting medical care" and that this "entailed an inherent or anticipatory breach of an ERISA fiduciary duty, since these terms created an incentive to make decisions in the physicians' self-interest, rather than the exclusive interests of plan participants.

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