Constructive fraud

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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]

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References

  1. "Montana Code Annotated" . Retrieved 2009-03-10.
  2. "Law.com Dictionary" . Retrieved 2009-03-10.
  3. Strong v. Jackson, 777N.E. 2d1141 (2002).
  4. A fiduciary duty is one such duty Sees v Bank One, footnote 8, page 3