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

Civil fraud and common law fraud are two types of fraud that are illegal in Washington. Both involve an individual or company deceiving or manipulating another person or company in order to gain some form of personal gain or benefit. The key difference between civil fraud and common law fraud is the process for determining guilt. In the case of common law fraud, a criminal case must be filed in order to prove that fraud has occurred. A judge or jury must then decide whether the accused committed fraud. Civil fraud, on the other hand, does not require a criminal investigation or trial. Instead, civil fraud cases are based on a person’s or company’s negligence or recklessness. A person or company is liable for civil fraud if they fail to perform their duties as expected or if they fail to fulfill promises made. Common law fraud can lead to criminal penalties, including jail time. Civil fraud, however, has no criminal penalties. Instead, a person or company found guilty of civil fraud may be required to pay damages or other costs to the injured party. Additionally, a person or company may be subject to civil penalties such as an injunction or a restraining order. Overall, the difference between civil fraud and common law fraud is one of process and potential punishments. Common law fraud requires a criminal case and can lead to criminal penalties, while civil fraud does not require a criminal investigation and has no criminal penalties.

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