Legal Question in Business Law in California

In business, if one purchases goods and said goods are lawfully paid. If contract is written and signed under a pen or unregistered DBA, does that constitue fraud?


Asked on 8/23/10, 12:46 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Not without more. There are several definitions of fraud, but in general a business transaction that does not involve an intent to deceive is not fraudulent. Such an intent is sometimes referred to by the legal-Latin term "scienter." Here's one common rendition of the elements of fraud in a business-transaction context:

"Fraud must be proven by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is false, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result of such reliance.

In the circumstances you describe, several of the necessary elements are probably not present, including #3 and #5.

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Answered on 8/28/10, 2:24 pm


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