What is the difference between civil fraud and negligence per se?
Civil fraud and negligence per se are two very different legal terms. Civil fraud is a type of fraud which is committed by one individual against another. This type of fraud revolves around a breach of trust and involves an individual or group being deceived by another party as a result of their deceit or misrepresentation. Civil fraud includes actions such as false advertising, embezzlement, or selling a dangerous product without informing the buyer of the risks. Negligence per se is a legal term that refers to an action taken by an individual or corporation which is found to be a breach of the standard of care expected of them. In other words, negligence per se occurs when an individual or corporation fails to adhere to the standard of care established by law. This can include actions such as not providing adequate safety precautions, failing to adhere to industry standards, or not properly protecting their property from damage. The difference between civil fraud and negligence per se is that civil fraud implies a malicious intent on the part of the perpetrator whereas negligence per se implies a lack of care or attention on the part of the perpetrator. Civil fraud is a deliberately actionable offense, whereas negligence per se is an act of carelessness or negligence. In New York, if an individual or corporation is found to have committed fraud they can face criminal charges, while negligence per se is a civil matter which can result in a monetary settlement being awarded to the victim.
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