What is the difference between civil fraud and common law fraud?

The difference between civil fraud and common law fraud lies in the type of court that is handling the case. Civil fraud is handled in a civil court, where cases are based on the violation of a contract or other civil law. Common law fraud is handled in a criminal court, where the law is based on a crime breach of trust like embezzlement. In Hawaii, civil fraud is a type of misconduct which occurs when one party misrepresents or omits material facts during a transaction. Civil fraud can involve breaches of fiduciary duty, misrepresentation of intentions, and fraudulent inducement. Common law fraud, on the other hand, involves knowingly misrepresenting or concealing facts that result in a financial loss to another party. Various remedies can be pursued by a victim of a civil fraud. In Hawaii, this includes compensatory damages, which seek to make the injured party whole again, as well as punitive damages that seek to punish the wrongdoer and deter similar conduct in the future. On the other hand, criminal charges can be brought for those who commit common law fraud. This can lead to fines or jail time for those found guilty. Both civil and common law fraud are serious matters, and victims should always seek professional advice to explore their options. In Hawaii, a civil lawyer may be able to help victims of civil fraud get the justice they deserve. Victims of criminal fraud may be able to seek redress through the criminal court system. By understanding the difference between civil fraud and common law fraud, victims can seek the remedy that best suits their needs.

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