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Simple English definitions for legal terms

constructive fraud

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A quick definition of constructive fraud:

Constructive fraud is when someone makes a false statement or doesn't tell the whole truth about something important, and another person relies on that information and gets hurt. The person who made the false statement or omission doesn't have to intend to deceive, but they still did something wrong. This can happen in situations where there is a special relationship of trust between the two people, like a doctor and patient or a car dealer and buyer. If someone is found guilty of constructive fraud, they may have to pay for the harm they caused.

A more thorough explanation:

Constructive fraud is a type of breach of duty in contract law where a third party relies on material misrepresentations made by another party. Unlike standard fraud, constructive fraud does not require intent to deceive. However, it can still lead to nonperformance and unjust enrichment claims.

Under contract law, a defendant can be held liable for constructive fraud if:

  • They made a false misrepresentation about a material fact
  • The misrepresentation was made to induce the other party to rely on it
  • The other party justifiably relied on the misrepresentation
  • The reliance resulted in damages or injury
  • There was a fiduciary relationship between the parties

For example, if a car dealer fails to disclose a mandatory arbitration clause in a car purchase contract, it can be considered constructive fraud because the dealer had a duty to disclose that information to the buyer. This breach of duty can lead to damages or injury for the buyer.

Overall, constructive fraud is a type of breach of duty that can lead to legal consequences even if there was no intent to deceive. It is important for parties in a contract to be truthful and disclose all material information to avoid potential legal issues.

constructive eviction | constructive notice

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amlaw
17:40
do you guys want to hear my newest irrational fear
[] ararara
18:18
That you have so much fun tonight dancing after the sun goes down you fall in love but way too hard and your heart pops!
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Hi wherever you are hope you have a great Saturday! Stay hydrated!
hydrating! 👹
[] ararara
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Hahah lolll show those fools your dance moves!! I am actually about to start working until about 4 in the morning so I can go out of town Tuesday so avenge me!
[] ararara
19:12
I came face to face with an Amazon worker on prime day though and that was crazy. Don’t think I’ll ever forget that. They looked completely drained it was insane.
rip to that young lad, wishing them hydration and days off from work. don’t work yourself too hard ara! chronic stress kills!
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Thanks wasp right back at you! You too! This work is really interesting! It’s one of three jobs where it’s been hard to stop before school starts for sure.
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manifestmoreadmissions
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bunny i am trying so hard idk if i can cut it
amlaw what's your fear
amlaw
10:02
that i got rejected from washu and just didn't see the email even though i've checked my spam and everything because they don't change their portals at all
that sucks :(
amlaw
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and i know its crazy lol
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babybunny
15:03
Heard Biden dropped out of the race. Made me remember when you said bye den dropped out of my life. You'll always be my first choice nominee. No need to text back
amlaw
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i have never fully comprehended any of your messages bunny
when you said bye den dropped out of my life
i have a 3.38 and hope to get a 175+ on the LSAT
Does anyone know which schools place in federal positions outside of T14? UT,SMU, TAMU, George Mason, George Washington, ASU)
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