What is the difference between civil fraud and negligence per se?
Civil fraud and negligence per se are both types of civil wrongdoings that can lead to civil lawsuits. However, there are significant differences between the two. Civil fraud is an intentional wrong that results in damages to another person or property. It occurs when one party makes a false statement or misrepresents facts with the intent of inducing or persuading the other party to act or not act in a certain way. Examples of civil fraud could include a real estate agent lying about features of a home in order to sell it for more money or falsifying financial documents to obtain a loan. Negligence per se is an unintentional wrong that results in damages to another person or property. It occurs when a person or company fails to meet the standards of care required by law in order to protect others from foreseeable harm. Examples of negligence per se could include a doctor failing to properly diagnose a patient or a company failing to adhere to safety regulations. The main difference between civil fraud and negligence per se is the intent of the perpetrator. Civil fraud requires an intentional wrong to be committed, while negligence per se requires only that a party fail to meet the standards of care required by law. In California, both can result in civil lawsuits, and both can lead to damages being awarded to the victim.
Related FAQs
What is the difference between civil fraud and misappropriation of funds?What are the defenses to a claim of civil fraud?
What is the difference between civil fraud and copyright infringement?
What is a civil fraud claim?
What is the difference between civil fraud and tortious interference?
What is the difference between civil fraud and trespass?
What is the difference between civil fraud and deceptive business practices?
What is the statute of limitations for civil fraud?
What is the difference between civil fraud and identity theft?
What are the legal requirements for a civil fraud case?
Related Blog Posts
Understand the Basics of Civil Fraud Law: What You Need to Know - July 31, 2023Civil Fraud Law: Essential Concepts Explained - August 7, 2023
Comprehensive Guide to the Elements of Civil Fraud - August 14, 2023
How to Recognize a Civil Fraud Scam - August 21, 2023
Unique Considerations for Civil Fraud Lawsuits - August 28, 2023