Constructive Fraud
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
Conintent, gains an advantage to the personi fault, or any one claiming under him, by misleading another to his prejudice, or tothe prejudice of any one claiming under him; or (2) in any such act or omission ag the law specially declares to be fraudulent, without Tespect to actual fraud.
Civil Code Cal. § 1573.
By constructive frauds are meant sueh acts or contracts as, though not originating in any actual evil design or contrivance to perpetrate a positive fraud or injury upon other persons, are yet, by their tendency to deceive or mislead other persons, or to violate private or public confidence, or to impair or injure the public iuterests, deemed equally reprehensible with positive fraud; and therefore are prohibited by law, as within the same reason and mischief as acts and contracts done malo anime.
1 Story, Bq. Jur. § 258,