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The term statute of frauds comes from the Statute of Frauds, an act of the Parliament of England (29 Chas. 2 c. 3) passed in 1677 (authored by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins [2] and passed by the Cavalier Parliament), the long title of which is: An Act for Prevention of Frauds and Perjuries.
In law, fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law, or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [1]
Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or ...
Property damage (sometimes called damage to property), is the damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or an act of nature. Destruction of property (sometimes called property destruction , or criminal damage in England and Wales ) is a sub-type of property damage that involves ...
In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]
the Criminal Damage Act 1971; the Criminal Damage (Northern Ireland) Order 1977; the Fraud Act 2006 [30] an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property in connection with such an attack as is mentioned in section 1(1)(b) of the Internationally Protected Persons ...
The most common forms of property insurance fraud are re-framing a non-insured damage to make it an event covered by insurance, and inflating the value of the loss. [ 41 ] Property insurance crimes often involve arson , [ 42 ] as evidence that a fire was intentionally started may be destroyed by the fire itself.
Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law.While liquidated damage clauses set a pre-agreed value on the expected loss to one party if the other party were to breach the contract, penal damages go further and seek to penalise the breaching party beyond the reasonable losses from the breach. [1]