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The Curious Case of Constructive Fraud

The Curious Case of Constructive Fraud

We’ve blogged before about three common types of fraud (1) deceit/affirmative misrepresentation, (2) concealment/nondisclosure, and (3) false promise/promissory fraud.  These common types of fraud usually require that the alleged victim prove intent to deceive or a reckless disregard for the truth.  But another type of “fraud” also exists that doesn’t require proof of fraudulent intent at all. It’s technically one way a fiduciary duty can be breached that’s treated like fraud–hence the name, constructive fraud.

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