Constructive fraud
Term · Law · MLC-T-LAW-001230
A legal fiction applied when a court finds a breach of duty that, while not involving actual deceit, is treated as fraud due to its misleading nature or detrimental effect on another party. This occurs when a person gains an unfair advantage by breaching a legal or equitable duty, regardless of their intent. It does not require proof of malicious intent, unlike actual fraud.
| Identifier | MLC-T-LAW-001230 |
|---|---|
| Field | Law |
Record as JSON
{
"id": "MLC-T-LAW-001230",
"term": "Constructive fraud",
"field": "Law",
"definition": "A legal fiction applied when a court finds a breach of duty that, while not involving actual deceit, is treated as fraud due to its misleading nature or detrimental effect on another party. This occurs when a person gains an unfair advantage by breaching a legal or equitable duty, regardless of their intent. It does not require proof of malicious intent, unlike actual fraud.",
"url": "https://mlchart.com/terminology/law/constructive-fraud/"
}
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