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" Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming... "
Principles of Contract at Law and in Equity: Being a Treatise on the General ... - الصفحة 542
بواسطة Frederick Pollock - 1876 - عدد الصفحات: 606
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - عدد الصفحات: 550
...of duty wliicli, without an actually fraudulent intent, gains an advantage to the person in fiiult or any one claiming under him, by misleading another to his prejudice, or the prejudice of any one claiming under him;1 1 Bulkley t>. Wilford, 1 Clark & Fin., 102, 177, 181....

The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - 1865 - عدد الصفحات: 896
...duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or auy one claiming under him, by misleading another to his...or to the prejudice of any one claiming under him ;' or, 2. In any such act or omission as the law specially declares to be fraudulent, without respect...

Parliamentary Papers, المجلد 49

Great Britain. Parliament. House of Commons - 1868 - عدد الصفحات: 724
...misled. Explanation. — Where a party's consent to an engagement by contract has been given through a mistake as to the substance of the thing which is the subject of the engagement, and the mistake was occasioned, however innocently, by the other party, this 'has the same...

Revised Laws of the State of California: In Four Codes : Political ..., المجلد 2

California, California. Commission to Revise the Laws of California - 1871 - عدد الصفحات: 894
...breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another...or to the prejudice of any one claiming under him; or, 2. In any such act or omission as the law specialty declares t > be fraudulent, without respect...

The Civil Code of the State of California, المجلد 1

California - 1872 - عدد الصفحات: 728
...breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another...or to the prejudice of any one claiming under him; or, 2. In any such act or omission as the law specially declares to be fraudulent, without respect...

The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1878 - عدد الصفحات: 710
...not true, though he believes it to be true (1); (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing...one claiming under him, by misleading another to his (a) Doe d. Roberta r. Roberts, 2 B. & A., 367. (i) Taylor r. Bowers, 1 QBD, 291 ; Param Singh v. Lalji...

The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - عدد الصفحات: 612
...breach of duty which, without an actually frandulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejndice of any one claiming under him ; or, 2. In any such act or omission as the law specially declares...

A Treatise on the Law of Merchant Shipping and Freight

James Thomas Foard - 1880 - عدد الصفحات: 678
...which, without an actually fraudulent intent, gains (qy. procures) an advantage to the person in fault, or any one claiming under him, by misleading another...or to the prejudice of any one claiming under him, is a constructive fraud, NYC Code, s. 758. 1 1. The agent's fraud, to bind the principal, must be within...

The Bengal Regulationa, the Acts of the Governor-general in ..., المجلد 2

Punjab (India) - 1883 - عدد الصفحات: 840
...which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing...or to the prejudice of any one claiming under him ; 19. "When consent to an agreement is caused by coercion, undue influence, fraud, or misrepresentation,...

Some Leading Principles of Anglo-American Law Expounded with a View to Its ...

Henry Taylor Terry - 1884 - عدد الصفحات: 736
...breach of duty which, without an actual fraudulent intent, gains an advantage to the person in fault or any one claiming under him, by misleading another to his prejudice, or the prejudice of any one claiming under him ; " 2. In such acts or omissions as the law specially declares...




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