California Codes, Civil Code - CIV, Division 3 — Obligations, Part 2 — Contracts, Title 1 — Nature of a Contract, Chapter 3 — Consent, Section 1573

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 under him; or,

2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

Notes

Defines constructive fraud as a breach of duty that, without actual fraudulent intent, gains an advantage for the person at fault or someone claiming under that person by misleading another to that person’s prejudice, or as an act or omission that law specifically declares fraudulent regardless of actual intent.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1573 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-2/title-1/chapter-3/section-1573

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