Contracts
What is 'constructive fraud' versus 'actual fraud' in Hawaii real estate and how do they differ?
AA. They are identical; the distinction only matters in criminal law
BB. Actual fraud involves intentional misrepresentation; constructive fraud involves breach of a duty (such as fiduciary duty) that produces a benefit at another's expense, without necessarily requiring intent to deceive✓ Correct
CC. Constructive fraud is a lesser violation than actual fraud and carries no civil liability
DD. Actual fraud requires physical harm; constructive fraud involves only financial harm
Explanation
Actual (intentional) fraud involves knowing or reckless misrepresentation to induce action. Constructive fraud involves a breach of duty (particularly fiduciary duty) that produces unjust advantage without requiring intent to deceive.
Related Hawaii Contracts Questions
- Under Hawaii law, an offer that has been mailed is considered accepted when:
- In Hawaii, a 'mutual mistake' in a real estate contract occurs when:
- In Hawaii, the 'doctrine of merger' applied at closing means that:
- In Hawaii, the purpose of a 'liquidated damages' clause in a purchase contract is to:
- In Hawaii, which condition would make a real estate contract 'unconscionable' and potentially voidable?
- What is a 'punch list' in new construction and how does it relate to Hawaii purchase contracts?
- A Hawaii purchase contract contains a financing contingency. If the buyer cannot secure financing, they may:
- Under Hawaii law, a contract to sell illegal drugs would be:
Practice More Hawaii Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Hawaii Quiz →