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another person with a fist is guilty of battery. The victim can sue the assailant for damages,
and the state
may also prosecute for misdemeanor.
In a civil case alleging assault, the victim must prove that he or she was in imminent danger of
injury or had reason to think so. Abusive language alone does not constitute an assault. Threatening with
a pistol may be an assault, even if the weapon is unloaded. In a case of battery the amount of contact is
unimportant, for any touching of another person in an angry, vengeful, rude, or insolent manner
constitutes a battery.
FRAUD
Fraud is an intentional untruth or a dishonest scheme used to take deliberate and unfair advantage of
another person or group of persons.
It includes any means, such as surprise, trickery, or cunning, by
which one cheats another.
Courts have distinguished two types of fraud, actual fraud and constructive fraud. Actual fraud is
intentional criminal deception for the purpose of inducing another to
part with something of value, to
acquire something of less than apparent value, or to surrender a legal right. Schemes specifically
intended to cheat someone, such as selling shares
in nonexistent plots of land, are actual frauds.
Constructive frauds are words, acts, or omissions that tend to mislead or deceive someone or violate a
confidence but that are not necessarily of malicious intent. Selling a house while forgetting to mention a
chronically malfunctioning heating system is an example of constructive fraud.
Usually, the victim of fraud may sue the wrongdoer and recover the amount of damages caused by
the fraud or deceit. But the victim must be able to prove damages.
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