Five Element Fraud Check
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
17289_foundation_paneling · TORTS · Choice ANo, because the buyer's damages are economic.
Why it's attractive
Fraud is a recognized business tort; economic damages are exactly what it compensates.
Why it's wrong
Fraud is a recognized business tort; economic damages are exactly what it compensates.
17289_foundation_paneling · TORTS · Choice CYes, because every defect in sold property is fraud.
Why it's attractive
Fraud requires the specific elements; not every property defect satisfies all of them.
Why it's wrong
Fraud requires the specific elements; not every property defect satisfies all of them.
17289_foundation_paneling · TORTS · Choice DNo, because fraud can never be based on concealment.
Why it's attractive
Active concealment of a known material defect, plus an affirmative misstatement, is actionable. The misstatement alone satisfies falsity.
Why it's wrong
Active concealment of a known material defect, plus an affirmative misstatement, is actionable. The misstatement alone satisfies falsity.
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