Constructive fraud is a
legal fiction describing a situation where a person or entity gained an unfair advantage over another by deceitful or unfair methods.
Intent does not need to be shown[1] as in the case of actual
fraud. Some unfair methods may include not telling customers about defects in a product.[2]
a duty owing by the party to be charged to the complaining party due to their relationship;[4]
violation of that duty by the making of deceptive material misrepresentations of past or existing facts or remaining silent when a duty to speak exists;
reliance thereon by the complaining party;
injury to the complaining party as a proximate result thereof; and
the gaining of an advantage by the party to be charged at the expense of the complaining party.