Agency
What is the difference between 'active fraud' and 'constructive fraud' in Delaware agency?
AActive fraud requires intent; constructive fraud does not require intent but results from breach of duty✓ Correct
BActive fraud involves omissions; constructive fraud involves false statements
CActive fraud is a criminal matter; constructive fraud is only civil
DThere is no meaningful legal distinction
Explanation
Active fraud involves intentional misrepresentation of a material fact to deceive. Constructive fraud arises from a breach of fiduciary duty that causes harm, even without deliberate intent to deceive. Both are serious violations but the intent element differs.
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