Is there any case law supporting the proposition that without negligence, there cannot be fraud?
Nova Scotia, Canada
The following excerpt is from Tingley v. Wellington Insurance Company, 2010 NSSC 465 (CanLII):
However, the proposition, that without negligence there cannot be fraud, does not appear supportable. One can be aware that they have no basis for the statement they make, i.e. no honest belief, and yet, knowingly and intentionally proceed to make the statement. Such a statement would not appear to have been negligently made and yet possibly could be fraudulent within the meaning in Derry v. Peek.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a skid consistent with negligence or no negligence? (Nova Scotia, Canada)
Is there any case law supporting a claim of negligence in design and manufacture? (Nova Scotia, Canada)
Is there any evidence to support a claim that there is no evidence supporting the existence of an underground mine? (Nova Scotia, Canada)
Is there any case law where there is no expert evidence to support a claim of negligence? (Nova Scotia, Canada)
What is the standard of support for the purposes of marriage breakdown support? (Nova Scotia, Canada)
What is the table amount in the child support guidelines for the purposes of determining child support? (Nova Scotia, Canada)
In what circumstances will child support be considered as income for purposes of child support purposes? (Nova Scotia, Canada)
Is a plaintiff required to provide expert evidence to support her claim for medical negligence? (Nova Scotia, Canada)
Does a delay in seeking spousal support, even if it is an extensive delay, negate the jurisdiction of the court to award support? (Nova Scotia, Canada)
Is there any basis to support a finding that the trial judge erred in principle by failing to take into account the impact of a motor vehicle accident on a young motorcyclist with chronic myofascial pain and fibromyalgia? (Nova Scotia, Canada)
