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Fraud and Constructive Fraud

In the world of business and commercial disputes, having an experienced litigator on your side could mean the difference between a successful negotiation or a long, drawn-out court battle.

Most non-lawyers are conversant with the notion of fraud, and in particular in the business world. The essence of fraud is a lie. However, fraud is structurally difficult to prove at trial. This is true in part because it requires establishing more elements than most torts, and in part because it requires the highest civil standard of proof. The lie must be material, not trivial. The lie must be told with intent to deceive, and it must succeed in deception. The lie ordinarily must regard a past concrete fact capable of proof, and not an opinion, nor a promise of future action. And the lie must actually cause measurable damages. Fraud claims are raised frequently in residential and commercial real estate transactions.

Constructive fraud requires all of the elements of actual fraud except the intent to deceive. Recklessly or carelessly affirming an assertion without bothering to check is a classic circumstance creating a cause of action for constructive fraud.

Perry Charnoff PLLC is highly experienced in handling these claims, including specific methods of demonstrating damages in certain contexts as mandated by controlling case authority. Fill out our contact form for more information.

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