Fraud Claims

At its root, fraud[1] is an intentional deception resulting in an injury to another.  It usually consists of a misrepresentation, concealment or nondisclosure of a material fact, or at least misleading conduct, devices or contrivance.

Although there are different types of fraud that may be alleged, a plaintiff must generally establish the following elements of fraud: (i) a false and material misrepresentation made by one who either knows it is falsity or is ignorant of its truth, (ii) the maker's intent that the representation be relied on by the person and in a manner reasonably contemplated, (iii) the person's ignorance of the falsity of the representation, (iv) the person's rightful or justified reliance, and (v) proximate injury to the person.

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[1] Definitions taken from Barron's Canadian Law Dictionary, 6th ed. (New York: Barron's Educational Series, 2009).

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Fraudulent Misrepresentations

A misrepresentation involves words or conduct that convey a false or misleading impression.  A fraudulent misrepresentation is one made with the knowledge it is false and with the intent to deceive the party to whom it is made.  A fraudulent misrepresentation is actionable as a tort when it is made with the knowledge that the plaintiff will rely on the misrepresentation, as he or she in fact did, to his or her detriment.

Business Fraud

Business fraud involves an intentional deception resulting in injury to another, and it involves the same elements of fraud outlined above, albeit in a business-related context.   At law, fraud must be proved; in equity, one must only show fact and circumstances from which fraud may be presumed.  Business fraud allegations can be framed in various ways, including constructive fraud (legal fraud), extrinsic fraud (collateral fraud), fraud in fact (positive fraud), fraud in law, fraud in the factum, fraud in the inducement, and intrinsic fraud.

Investment Fraud

Investment fraud involves an intentional deception resulting in injury to another, and it involves the same elements of fraud outlined above, albeit in a the context of a business relationship where another party invested capital or tangible or intangible assets.  At law, fraud must be proved; in equity, one must only show fact and circumstances from which fraud may be presumed.  Depending on the context, investment fraud claims can be framed in various ways, including constructive fraud (legal fraud), extrinsic fraud (collateral fraud), fraud in fact (positive fraud), fraud in law, fraud in the factum, fraud in the inducement, and intrinsic fraud.  Investment fraud claims are usually accompanied by a claim for other relief, including injunctive relief.

Psychic, Spiritualist, and Divination Fraud

Psychic, spiritualist, and divination fraud involves an intentional deception resulting in injury to another, and it involves the same elements of fraud outlined above, albeit in a the context of a fiduciary-type relationship that involves a breach of trust.  At law, fraud must be proved; in equity, one must only show fact and circumstances from which fraud may be presumed.  Depending on the context, psychic, spiritualist, and divination fraud claims can be framed in various ways, including constructive fraud (legal fraud), extrinsic fraud (collateral fraud), fraud in fact (positive fraud), fraud in law, fraud in the factum, fraud in the inducement, and intrinsic fraud.

Relationship Fraud

Romance fraud or romance scams involve a fraudster (and sometimes a group of fraudsters) who typically uses social media or dating platforms to communicate with the victim in a way that’s calculated to gain the victim's trust and affection. Once this objective is achieved, the fraudster will find crafty ways to make the victim part with her or his money using a seemingly legitimate pretext.