constructive fraud

It was thus that the expression "constructive fraud" came into existence.

After a 10-day trial, the jury found the firm guilty of "constructive fraud," which is essentially fraud without premeditation.

She is also suing under North Carolina law for constructive fraud, negligent misrepresentation and breach of contract.

There are two types of fraudulent transfer--actual fraud and constructive fraud.

The jury found the church (Ananda), and Kriyananda liable for "constructive fraud", with a finding of "malice" and "fraudulent conduct".

U.S. courts and scholars have recently developed market-based approaches to try to streamline the analysis of constructive fraud, and judges are increasingly focusing on these market based measures.

Constructive fraud is a legal fiction used in the law to describe a situation where a person or entity gained an unfair advantage over another by deceitful, or unfair, methods.

As a result, non-disclosure in the insurance context in the early years was referred to as a 'concealment', and the doctrine has sometimes been viewed and explained as constructive fraud.

He found that the government's actions and representations in obtaining the bankruptcy had the effect of misleading the court as to the status of the organization, leading to a "constructive fraud on the court".

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 value at a time when the debtor was in a distressed financial condition.

At best it is "constructive fraud" kwakwa and I am under no illusions that it would be at all easy to prove this but the day will come when judges relying on the common law of equity throw these contracts out as "unconscionable."

Conduct by a fiduciary may be deemed constructive fraud when it is based on acts, omissions or concealments considered fraudulent and that gives one an advantage against the other because such conduct-though not actually fraudulent, dishonest or deceitful-demands redress for reasons of public policy.

The creditors said that in 12 of the 15 transactions that Mr. Shapiro investigated before the bankruptcy filing in March 1989, Eastern could justifiably bring claims against Texas Air or others "under either a theory of constructive fraud on creditors or a theory of breach of fiduciary duty."