Last Wednesday, as I followed the signing of the first phase trade agreement between the United States and China, my interest was aroused by President Trump`s statement: “What a great celebration.” Is that right? Beyond the exaggeration of the administration, the comments that followed from many of the more than 80 leaders present gave a sober tone. One of the main remedies for contract fraud is a cash bonus. This compensates victims who have been harmed as a result of the fraud. This would reimburse an aggrieved party for the losses incurred. If an applicant has paid money from a fraudulent contract, the judge will grant the refund to the applicant. If a sum of money does not provide sufficient fair compensation, an injunction would be used to obtain the right solution. The defence of an agreement is also referred to as unclean hands. Any person who deliberately deceives another with the intention of inducing him to change his position on his injury or risk is responsible for any damage he suffers thus CC 1710, who claims four types of deception within the meaning of CC 1709: a) a deliberate misrepresentation that is “the assertion of what is not true of someone who does not believe it true” (b) , “the assertion of a fact that is not true by someone who has no reasonable reason to tell his truth” (c) concealment which is “the oppression of a fact by someone who is obliged to disclose it, or that gives information on other facts that may be misled by lack of communication of that fact” and (d) a false promise that is “a promise that is unseated , to accomplish them, is done.” In addition to the aforementioned statutes, California courts have long held that the following elements are essential to prove fraud: (a) misrepresentation; b) knowing that the misrepresentation is false; (c) intent of deception; (d) the victim`s legitimate trust; and (e) the resulting damage. The above criteria must all be met. If I make a false statement to you, but I don`t know it`s wrong, or even if I make a false statement because I know it`s false, but it didn`t hurt you, no lying. NOTE that it is NOT necessary that the perpetrator benefited from the fraud.

All you need is that the above criteria are met and you are damaged. The intention to mislead contract law refers to a deception that leads to a breach of contract. To commit a fraudulent misrepresentation, there must be a lasting intention to mislead a counterparty. The intent attribute also requires a fraudster to know that a person`s information is false. Information retention is also a fraud. The technical term for such an intention to harm is also called Scienter. The Scienter refers to the etymology of the word science. These two words are intended to gain knowledge. If you need to prove a case in court, make sure you have sufficient evidence before you go before a judge.

Most business owners enter into agreements in good faith and recognize that strong agreements under the foundation of a successful business. Thus, there are times when you make contractual frauds in different business relationships, or you may sometimes feel accused. In such a case, it is always preferable to keep a lawyer when such a proceeding arises. In addition, you also need to know the elements of the fraud so that you can avoid it. Realistically, the agreement is a ceasefire in the trade dispute, but there is still a lot of uncertainty to be done. For the U.S. energy industry, China`s commitment is to increase energy imports from the U.S. by $52.4 billion over the next two years (as part of the broader agreement, to spend about $200 billion more on U.S.

goods and services than in 2017).