How is fraud civil law? exlplain?
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How is fraud civil law? exlplain?
 
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dazed&confused
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Fraud, in addition to being a criminal act, is also a type of civil law violation known as a tort. A tort is a civil wrong for which the law provides a remedy. A civil fraud typically involves the act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to that person's detriment. A "false representation"
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them – usually, to obtain property or services unjustly. [1] Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception," or something similar. |
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krollohare2
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At common law (the law we inherited from England here in the US), fraud consisted of the following:
1. A false statement of material fact
2. That was made either with knowledge of its falsity or reckless disregard of the truth (negligent fraud)
3. The plaintiff reasonably relied on the statement to his or her detriment (like entered into a contract or parted with his or her money)
4. The plaintiff would not have entered into the transaction or done some act had he or she known the truth
5. As a result of the false statement, the plaintiff has suffered some kind of damage or lost some kind of expectancy.
Why is it civil law? Because its designed to place a person in a position they would have been in either if either (1) the person making the statement had told the truth or (2) the "deal" or whatever it was would have been performed on both sides.
In most cases making the statement to induce another to act or forebear in acting would be fraud.
If you didn't have a claim for fraud, people would be cheating each other left and right and, because England instituted a civil justice system, it prevented people from taking the law into their own hands and killing each other.
This way you go to court and a judge or jury or both decides. |
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Gambling
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Deception
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