Virgin Islands Complaint against Vendor of Computer System by Purchaser for Fraud and Misrepresentation, Breach of Contract, Breach of Implied Warranty of Merchantability, Breach of Implied Warranty of Fitness
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How to fill out Complaint Against Vendor Of Computer System By Purchaser For Fraud And Misrepresentation, Breach Of Contract, Breach Of Implied Warranty Of Merchantability, Breach Of Implied Warranty Of Fitness?
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FAQ
Fraud allows a cause of action against the perpetrator that will make the victim whole. Constructive fraud is considered fraud under the law although deceptive intent is missing because it has the same consequences as an actual fraud would have.
The distinction between actual and constructive fraud is important in that actual fraud involves intentional conduct, while con- structive fraud does not.
Actual fraud involves intentional misrepresentation, while negative fraud is achieved by omitting facts.
Examples of constructive fraud could include: A real estate broker who inaccurately tells clients who intend to subdivide a property that subdivision is possible with confirming that it subdivision is, in fact, permitted.
Restatement (2d) of Contracts, § 162. There are two types of contract fraud: fraud in the factum, which goes to the subject matter of the contract, and fraud in the inducement, which goes to the circumstances that caused a person to enter into the contract.
Definition: Actual fraud is an intentional misrepresentation of fact; or in plain terms lying. Example: An example would be if an agent told a buyer that the basement of a property was mold free when he or she knew full well that it did have mold.
It is up to the plaintiff who pursues a case based on constructive fraud to provide sufficient proof that a duty or obligation was owed; that the obligation was breached by an act, omission or concealment; and that damages occurred as a result of the breach.
Fraud in the factum occurs when one party deceives another party so that they misunderstand the nature of the transaction they are entering into. This most commonly occurs with parties entering into a contract together and is also known as fraud in the execution.