What is constructive fraud in civil law?
Constructive fraud is a type of civil law violation in Washington. It refers to when a person or entity knowingly fails to act in good faith, resulting in harm to another person or entity. This can include breaching a contract or depriving another party of their legal rights. Constructive fraud is distinguished from other types of fraud because it does not require an intentional act or intent to deceive for it to be found in court. In other words, constructive fraud is based on the negligence of a person or entity, rather than an intentional act of fraud. For example, if a person agrees to give another person a loan, but fails to fulfill their duties, they could be found to have committed constructive fraud. Liability in cases of constructive fraud often results in compensatory damages being awarded to the injured party, such as the return of any property that has been wrongfully taken, or reimbursement for any financial losses suffered as a result of the fraud. Constructive fraud cases can be complex, due to the fact that it requires the court to determine the intention of the parties involved. Therefore, it is important to seek legal advice in cases of potential constructive fraud, in order to determine the best course of action.
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