What are some common defenses to civil fraud?
In California, civil fraud is a form of legal action in which a person is accused of obtaining goods, services, or money by fraudulent means. One of the most common defenses to civil fraud is innocent misrepresentation. This is when a person is accused of making a false statement to obtain something, but they can prove that the statement was not made with the intent of deceiving the other party. Another defense is contributory negligence, which occurs when a person is partially responsible for the losses incurred due to fraud. This defense is often used when a party relies too heavily on the statements of the accused without independent verification. Other defenses to civil fraud include estoppel, which occurs when a previous agreement or situation prevents a party from taking legal action. The statute of limitations is another defense, which states that a lawsuit must be filed within a certain amount of time in order for it to be considered valid. If the action is not taken in time, then it cannot be pursued. Finally, a person can raise the defense of laches, which is when a claimant has waited too long to take legal action and their delay has caused harm to the other party.
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