constructive fraud' is
being quoted: . .
"In equity, the term 'fraud' embraces not only actual fraud, in the sense just defined ... withdrawal it is fraud the Bank in making the application for withdrawal it is fraud in this wider sense of 'constructive fraud', which
fraud as defined in the Contract Act means actual fraud.
But in equity the courts have also developed the doctrine of
'constructive fraud ... withdrawal it is fraud the Bank in making the application for
withdrawal it is fraud in this wider sense of 'constructive
fraud', which
transaction from meeting on equal terms. A theory of constructive fraud was developed which included cases of undue influence strictly so called of which Huguenin
made recklessly without knowledge of its truth or falsity.
Further constructive fraud is the breach of a legal or equitable duty
which is fraudulent because ... private trust, or to injure public interest. The
elements of constructive fraud are: (1) a duty existing by virtue of the
relationship between the parties
case of constructive trust. A constructive trust is imposed in order to prevent unjust enrichment. "It is frequently said that a constructive trust ... enforce a constructive trust said :
"It is a jurisdiction by which a Court of Equity, proceeding on the ground of fraud, converts the party
opinion, fix the defendants with constructive or imputed notice of Kerr Tarruck & Co.'s fraud. It would not be within the region
enough if the purchaser for value
had no knowledge of any fraud on the part of the
settlor.
Lastly in the case of -- 'Butcher ... from the evidence that she had notice either direct or constructive of any fraud or fraudulent intention on the part of tile settlor
part of the deponent that the said portion of the building was constructed in violation of the plans sanctioned by the Corporation ... residential purpose and thus the builder has committed fraud by stating that the property has been constructed for commercial use. Repeatedly before the Court
obtained by the plaintiff by playing fraud,
misrepresentation and coercion?
v. Whether the plaintiff has constructed any house
over 4 decimals of land
being as the essence of the transaction; (d) the appellant
had constructed a service station for petroleum products of
immense utility to the public ... given in equity save under
special circumstances such as unavoidable accident, fraud,
surprise, ignorance,, not wilful or inequitable conduct on
the part of the lessor
