What is the difference between civil fraud and misrepresentation?

Civil fraud and misrepresentation are legal concepts that can be used to refer to an individual or entity providing false information or claiming to be something they are not in order to benefit from a transaction. In New York, civil fraud involves an intentional act meant to deceive another participant in a transaction in order to gain an unfair advantage. Misrepresentation, on the other hand, involves providing false information without any intent to deceive or benefit from the transaction. The main difference between civil fraud and misrepresentation is that civil fraud is done with the intention to deceive or benefit, while misrepresentation does not require any intent to deceive. In both cases, the injured party may have the right to pursue a lawsuit to recover money lost due to the false information. To prove civil fraud in New York, the plaintiff must show the defendant intentionally provided false information or made a deceptive statement. If the defendant can show he or she made a good faith mistake or was unaware that the information was false or incomplete, then the defendant may be able to avoid conviction. When it comes to misrepresentation, the plaintiff must only show that the defendant provided false information. The defendant does not have to prove that he or she did not intend to deceive the other party. The plaintiff can still recover damages even in the absence of proof that the defendant meant to deceive.

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