Constructive Fraud
Legal Definition and Related Resources of Constructive Fraud
☑️ This definition is part of the content of Lawi's courses, guides, tools and other solutions and the world's leading and largest online law dictionary. It offers legal definitions, synonyms, word origins, translations, meanings, example sentences, and more. It is considered a trusted authority, a broad glossary of legal terms and an unsurpassed guide for professionals, students and researchers in any discipline related to law and, in general, to the social sciences. Do you like what you read? Can I ask a favor from you? Like and share it with your family and friends so that others can discover it too. If you have been forwarded this text, please subscribe here.
Meanings, Synonyms, Etymology, Translations and More
Meaning of Constructive Fraud
Transactions that result in consequences which in equity are similar to fraud. actual dishonesty of purpose is not an ingredient of constructive fraud for if it were it would be simply fraud. Often found in cases of improvidence and want of independent advice. A person who has misconceived the extent of his equitable obligations may be guilty of constructive fraud. Generally arises where relationship between parties appears to be of such character as to render it certain that they do not deal on terms of equality but there is strength on one side, from superior knowledge of matter derived from fiduciary relationship, from overmastering influence and there is weakness, dependence or trust justifiably reposed by the other and unfair advantage results as a result of such relationship. See Greenfield v Greenfield, 123 N.Y.S.2d 19.
Related Entries of Constructive Fraud in the Lawi Project
Browse or run a search for Constructive Fraud in the legal resources (including dictionaries and American law definitions), the Asian legal platform, the European law platform, the British legal resources or the Latin American and Spanish platform and publications (Lawi) about law in the world.
Constructive Fraud in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Constructive Fraud in historical law and the evolution of legal systems (study).
Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Constructive Fraud in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
English Legal System: Constructive Fraud
In the context of the English law, A Dictionary of Law provides the following legal concept of Constructive Fraud: (legal fraud)
Any of certain forms of unintentional deception or misrepresentation (Compare fraud). The concept is applied by equity to those cases in which the courts will not enforce or will set aside certain transactions (e.g. contracts) because it is considered unfair or unconscionable for a person to insist on the transaction being completed. This unfairness may be inferred from the terms of the transaction (when these are such that no person with proper advice would have entered the transaction) or from the relationship of the parties (for example, that of solicitor and client or of trustee and beneficiary).
constructive fraud