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Constructive fraud is a legal fiction describing a situation where a person or entity gained an unfair advantage over another by deceitful or unfair methods. Intent does not need to be shown [1] as in the case of actual fraud. Some unfair methods may include not telling customers about defects in a product. [2] The elements are: [3]
In law, fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [1]
In tort law the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i.e. there is an agreement between two or more natural persons to break the law at some time in the future or to achieve a lawful aim by unlawful means.
Dozens of people have scored legal wins against Tennessee’s sex offender registry law since federal judges ruled it violates constitutional protections against retroactive punishment.
Defalcation, for example, applies when a debtor is acting in a fiduciary capacity. To constitute a defalcation, the conduct involves a degree of culpability that is greater than negligence, but the act does not need to rise to the level of a "fraud" under common law. Defalcation requires showing of conscious behavior or extreme recklessness.
Eight people on Tennessee’s legally troubled sex offender registry filed a federal class action lawsuit last week asking that thousands of people with decades-old convictions be removed from the ...
Actual fraud typically involves a debtor who as part of an asset protection scheme donates his assets, usually to an "insider", and leaves himself nothing to pay his creditors. Constructive fraud does not relate to fraudulent intent, but rather to the underlying economics of the transaction, if it took place for less than reasonably equivalent ...
The Graceland fraud case could be headed to trial.. Magistrate Judge Annie T. Christoff of the U.S. District Court for the Western District of Tennessee ruled Friday that a detention hearing in U ...