Английская Википедия:Constructive fraud

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Шаблон:Short description 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]

  • a duty owing by the party to be charged to the complaining party due to their relationship;[4]
  • violation of that duty by the making of deceptive material misrepresentations of past or existing facts or remaining silent when a duty to speak exists;
  • reliance thereon by the complaining party;
  • injury to the complaining party as a proximate result thereof; and
  • the gaining of an advantage by the party to be charged at the expense of the complaining party.

References

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