Section 16 Constructive Fraud

• Library: Remedies 2006

Equity will award the remedy of rescission in cases of constructive fraud. A case of constructive fraud requires all the elements of a case of direct fraud, except that there is no requirement of an intent to defraud. Groothand v. Schlueter, 949 S.W.2d 923 (Mo. App. W.D. 1997). The misrepresentation may be made innocently as a mistake or misapprehension of fact. Id. The person making the representation is not required to know of the misrepresentation. Id.; see also Evergreen Nat’l Corp. v. Carr...