constructive fraud

Legal fraud as distinguished from actual fraud, being presumed from the relation of the parties to a transaction or from the circumstances under which it takes place, not necessarily a matter of conscious wrongdoing. 37 Am J2d Fraud § 4. In its generic sense, "constructive fraud" comprises all acts, omissions, and concealments involving a breach of legal or equitable duty, trust or confidence which result in damage to another. Constructive fraud exists in cases in which conduct, although not actually fraudulent, ought to be so treated-that is, in which such conduct is a constructive or quasi fraud which has all the actual consequences and legal effects of actual fraud. Re Arbuckle's Estate 98 Cal App 2d 562, 220 P2d 950, 23 ALR2cl 372.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • constructive fraud — see fraud Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. constructive fraud …   Law dictionary

  • Constructive fraud — Fraud Fraud (fr[add]d), n. [F. fraude, L. fraus, fraudis; prob. akin to Skr. dh[=u]rv to injure, dhv[.r] to cause to fall, and E. dull.] 1. Deception deliberately practiced with a view to gaining an unlawful or unfair advantage; artifice by which …   The Collaborative International Dictionary of English

  • 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. Intent does not need to be shown[1] as in the case of actual fraud. Some unfair methods… …   Wikipedia

  • constructive fraud — noun comprises all acts or omissions or concealments involving breach of equitable or legal duty or trust or confidence • Syn: ↑legal fraud • Hypernyms: ↑fraud • Hyponyms: ↑fraud in law * * * noun : conduct that is based on acts, omissions, or… …   Useful english dictionary

  • fraud — n [Latin fraud fraus] 1 a: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage; specif: a misrepresentation or concealment with reference to some fact material to a transaction that is made with… …   Law dictionary

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • Constructive treason — refers to the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason When a Man doth compass or imagine the Death of our Lord the King. This was subsequently… …   Wikipedia

  • Fraud — (fr[add]d), n. [F. fraude, L. fraus, fraudis; prob. akin to Skr. dh[=u]rv to injure, dhv[.r] to cause to fall, and E. dull.] 1. Deception deliberately practiced with a view to gaining an unlawful or unfair advantage; artifice by which the right… …   The Collaborative International Dictionary of English

  • constructive — [kən struk′tiv] adj. [ML constructivus] 1. helping to construct; leading to improvements or advances; formative; positive [constructive criticism] 2. of construction or structure 3. inferred or implied by legal or judicial interpretation… …   English World dictionary

  • fraud — An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.