What is constructive fraud in civil law?

Constructive fraud is a legal term from civil law, which refers to actions which create a dishonest or wrongful result, even though there is no intent to deceive or commit fraud. In Colorado, constructive fraud is considered an issue of fairness, where one party has an advantage over another which is not fair, and this advantage was caused by the actions of the advantaged party. Constructive fraud can take many forms, such as a lack of disclosure by a seller of a property which puts the buyer in a less informed position than the seller, or when a person takes advantage of a vulnerable person in a transaction. Constructive fraud also covers cases where someone deceives another person about a material fact which affects the outcome of a contract. For example, if a person rents out a property, and a person enters into a lease without knowing that the property has faulty wiring, this could be considered constructive fraud as the landlord has not disclosed a fact which would be material to the contract. In Colorado, victims of constructive fraud have the right to bring a civil lawsuit against the perpetrator to recover any losses they have suffered. These losses may include economic damages, such as the costs associated with repairs of a property, or emotional damages, such as pain and suffering.

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What is constructive fraud in civil law?

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