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 ?
With respect to the [section] 75-1.1 claim, the Court ruled that Associated Hardwoods also lacked standing because the claim was based on the same factual predicate as the breach of fiduciary duty and constructive fraud claim,
In one of the first known constructive fraud cases, farmer Pierce secretly transferred his sheep to another person, Twyne, while retaining the possession of the sheep flock.
The second prong of constructive fraud requires that the LBO meet one of three standards of financial distress.
In order for a trustee to clawback payments to an investor, the constructive fraud provision requires that the debtor have "received less than a reasonably equivalent value in exchange" for the cash or property transferred.
- Case studies and real-life application of fraudulent conveyance laws and recognizing and avoiding exposure in cases premised upon constructive fraud
Zuckerberg's actions described above constitute constructive fraud.
"The physician's failure to disclose that which he knows, or in the exercise of reasonable care should have known constitutes constructive fraud. In the medical malpractice context, the doctrine of fraudulent concealment may operate to toll the statute of limitations until the termination of the physician-patient relationship, or until the patient discovered, or in the exercise of reasonable diligence should have discovered, the doctor's alleged malpractice.
The suit accuses Trafford of constructive fraud, unjust enrichment and civil theft.
Constructive Fraud. The standard of constructive fraud was suggested in Dynamics Corp.
Based on these and other factors, the court found the transfer of the Park Avenue Property was both an actual and constructive fraud. As a result, the transfer will be set aside and subject to Insilco's claim.

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