What are the defenses to a claim of civil fraud?
The defenses to a claim of civil fraud in Washington state are typically related to the facts of the case. People accused of civil fraud may claim that the act was unintentional, due to a misunderstanding, or that the information presented was true at the time. Other defenses include arguing that the accuser was informed of the status of the act, that there was no intent to deceive, or that the accused had no control over the circumstances of the fraud. In addition to defenses related to the specific facts of the case, Washington state courts generally apply the legal doctrines of estoppel, laches, unclean hands, and waiver as defenses to civil fraud claims. Estoppel is a legal principle that prevents someone from making a claim or denying a fact after they have previously accepted it or acted upon it. Laches is a legal defense which states that someone who has taken too long to make a claim or bring a lawsuit may be barred from recovering damages. Unclean hands is a legal defense which states that if the accuser has acted unethically, they can be barred from recovering damages. Waiver is a legal defense which states that a person who has knowingly waived their rights to a claim may not then attempt to assert them. These are just a few of the common defenses that a person accused of civil fraud may use in Washington state courts. Depending on the facts of the case, there may be other defenses available as well. A civil fraud defense attorney in Washington can help those accused of civil fraud assess their individual case and determine which defenses may be applicable.
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