constructive fraud

　

WordNet

1. comprises all acts or omissions or concealments involving breach of equitable or legal duty or trust or confidence (同)legal fraud
2. something intended to deceive; deliberate trickery intended to gain an advantage (同)fraudulence, dupery, hoax, humbug, put-on
3. intentional deception resulting in injury to another person
4. emphasizing what is laudable or hopeful or to the good; "constructive criticism"
5. constructing or tending to construct or improve or promote development; "constructive criticism"; "a constructive attitude"; "a constructive philosophy"; "constructive permission"

PrepTutorEJDIC

1. 〈T〉詐欺,ごまかし, / 〈C〉詐欺行為,不正手段, / 〈C〉にせ物,まやかし物 / 〈C〉ぺてん師,くわせ者
2. 建設的な / 構成の,構造上の

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出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2015/09/13 20:02:49」(JST)

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[Wiki en表示]

Constructive fraud is a legal fiction describing a situation where a person or entity gained an unfair advantage over another by deceitful or unfair methods. Intent does not need to be shown as in the case of actual fraud. Some unfair methods may include not telling customers about defects in a product.

The elements are:

• a duty owing by the party to be charged to the complaining party due to their relationship;
• violation of that duty by the making of deceptive material misrepresentations of past or existing facts or remaining silent when a duty to speak exists;
• reliance thereon by the complaining party;
• injury to the complaining party as a proximate result thereof; and
• the gaining of an advantage by the party to be charged at the expense of the complaining party.

References

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English Journal

• The dangers of feeling like a fake.

• de Vries MF.SourceInsead, France. manfred.kets-de-vries@insead.edu
• Harvard business review.Harv Bus Rev.2005 Sep;83(9):108-16, 159.
• In many walks of life-and business is no exception-there are high achievers who believe that they are complete fakes. To the outside observer, these individuals appear to be remarkably accomplished; often they are extremely successful leaders with staggering lists of achievements. These neurotic imp
• PMID 16171215

• Should the government assure scientific integrity?

• Klein DF.SourceDepartment of Psychiatry, Columbia University College of Physicians and Surgeons, New York, New York.
• Academic medicine : journal of the Association of American Medical Colleges.Acad Med.1993 Sep;68(9 Suppl):S56-9.
• The author argues that the somewhat Orwellian Office of Research Integrity needs careful scrutiny as to whether it should exist at all or whether its purported social benefits could be better achieved by other mechanisms. First, social issues specifically related to scientific misconduct need to be
• PMID 8396939

• Legal implications of hospital resales of pharmaceuticals. American Hospital Association Office of General Counsel.

• [No authors listed]AbstractThe legal implications of and restrictions on hospital resales of pharmaceuticals are analyzed to help hospital managers distinguish between legitimate drug redistribution and illegal drug diversion and, thus, enable them to conform to the law in their own resale practices. The requirements of the Robinson-Patman Act regarding resales are discussed, and the application of those requirements is explained. Particular attention is given to descriptions of dispensations that are permissible, those that are not permissible, and those that result from group purchasing arrangements. Other legal issues that must also be considered as possible problems are breach of contract suits; fraud, not only according to state law but also under the Racketeer Influenced and Corrupt Organizations Act; exposure to product liability; adverse tax consequences; and violations of the Federal Food, Drug and Cosmetic Act. Many resale practices are legitimate, but others may constitute illegal drug diversion. Hospital managers should review their institutions' procedures and correct those activities that may be inappropriate or questionable. At a time when concern is being focused on potential public-health risks created by illegal drug diversion, hospitals must play a constructive role in helping to solve the diversion problem.
• American journal of hospital pharmacy.Am J Hosp Pharm.1986 Aug;43(8):1951-7.
• The legal implications of and restrictions on hospital resales of pharmaceuticals are analyzed to help hospital managers distinguish between legitimate drug redistribution and illegal drug diversion and, thus, enable them to conform to the law in their own resale practices. The requirements of the R
• PMID 3752135

Related Links

• Constructive fraud - Wikipedia, the free encyclopedia

From Wikipedia, the free encyclopedia. Jump to: navigation, search. Constructive fraud is a legal fiction used in the law to describe a situation where a person or entity gained an unfair advantage over another by deceitful, or unfair, methods.

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関連記事

「fraud」

「fraud」

　　[★]

• 詐欺

関

deception、scam