§ 18-7 Fraud - Constructive Fraud

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 18-7 Fraud - Constructive Fraud

Constructive fraud is a breach of a legal or equitable duty which, irrespective of the moral guilt of the person committing fraud, the law declares fraudulent because of its tendency to deceive others, to violate public or private confidence, or to injure public interests.

To establish constructive fraud, all elements of actual fraud, except the element of intent, must be established. The plaintiff must prove every element of his case by clear, cogent and convincing evidence.

Constructive fraud is distinguished from fraud by the absence of the element of intent to deceive. Unlike actual...