Then there is “Constructive Fraud” intent need not be shown

22 May

Cause of Action for Constructive Fraud – “A relationship need
not be a fiduciary one in order to give rise to constructive fraud.
Constructive fraud also applies to nonfiduciary “confidential
relationships.” Such a confidential relationship may exist whenever a
person with justification places trust and confidence in the integrity
and fidelity of another. A confidential relation exists between two
persons when one has gained the confidence of the other and purports
to act or advise with the other’s interest in mind. A confidential
relation may exist although there is no fiduciary relation ….”
Tyler v. Children’s  Home Society, 29 Cal. App. 4th 511, 549 (1994)
(citations and quotations omitted).

One Response to “Then there is “Constructive Fraud” intent need not be shown”

  1. ben June 6, 2011 at 2:20 am #

    I’ve inherited a unique fraud problem which is best illustrated using a timeline

    http://dl.dropbox.com/u/22060281/bway_sewer_line_docs/index.html

    just wondering if your post is applicable.

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