Glossary entry (derived from question below)
German term or phrase:
Kenntnis und Arglist
English translation:
knowledge and deceit
German term
Kenntnis und Arglist
Does anyone know whether there is an English equivalent for this concept of disclosing information and not acting in bad faith when applying for life insurance. Thank you.
4 +1 | Knowledge and deceit |
Neil Crockford
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4 | explanation below -- not for points -- not enough space above |
Elisabeth Moser
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3 | knowledge and fraud |
David Moore (X)
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Feb 29, 2008 20:15: Johanna Timm, PhD changed "Term asked" from "Life Insurance T&C" to "Kenntnis und Arglist"
Mar 1, 2008 13:07: Steffen Walter changed "Field (write-in)" from "die Kenntnis und Arglist" to "(none)"
Mar 1, 2008 13:08: Steffen Walter changed "Field (write-in)" from "(none)" to "Life Insurance T&C"
Apr 19, 2008 19:56: Neil Crockford Created KOG entry
Apr 21, 2008 12:30: Steffen Walter changed "Edited KOG entry" from "<a href="/profile/5376">Neil Crockford's</a> old entry - "Kenntnis und Arglist"" to ""Knowledge and deceit""
Proposed translations
Knowledge and deceit
agree |
PoveyTrans (X)
33 mins
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Thanks
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knowledge and fraud
I wonder if "malice aforethought" might apply too....
explanation below -- not for points -- not enough space above
Explanation of two legal concepts given in answers:
Definition Arglist:
Arglist im Sinne der arglistigen Täuschung bedeutet Vorsatz. Eventualvorsatz ist gegeben, wenn der Täuschende die Unrichtigkeit in Kauf nimmt und die Aussage trotzdem tätigt.
Now, you are translating a text and know whether you are dealing with a civil or criminal matter -- accordingly you can use either answer above. There is just not enough space to provide all the explanation, if I click on ask ...
In English usually both terms plus knowledge is stated--here an exert:
independently of the question of fraud or intent to deceive or knowledge of the ....
1. deceipt is a civil wrong -- dishonest, fraudulent conduct, false statements made knowing them to be untrue ... see here:
http://www.bestonlinedictionary.com/legal-terms-dictionary/l...
2. fraud is foremost a crime -- it is both, a criminal and civil wrong
It has to be intentional and for personal gain.
Definition of Fraud
All multifarious means which human ingenuity can devise, and which are resorted to by one individual to get an advantage over another by false suggestions or suppression of the truth. It includes all surprises, tricks, cunning or dissembling, and any unfair way which another is cheated.
Source: Black’s Law Dictionary, 5th ed., by Henry Campbell Black, West Publishing Co., St. Paul, Minnesota, 1979.
Under common law, three elements are required to prove fraud: a material false statement made with an intent to deceive (scienter), a victim’s reliance on the statement and damages.
Acts which may constitute criminal fraud include:
* Marriage Fraud to obtain immigration benefits INA §204(c)(1),
* bait and switch
* confidence tricks such as the 419 fraud, Spanish Prisoner, and the shell game
* false advertising
* identity theft
* false billing
* forgery of documents or signatures
* taking money which is under your control, but not yours (embezzlement)
* health fraud, selling of products of spurious use, such as quack medicines
* creation of false companies or "long firms"
* false insurance claims
* bankruptcy fraud, is a US federal crime that can lead to criminal prosecution under the charge of theft of the goods or services
* investment frauds, such as Ponzi schemes
* securities frauds such as pump and dump
Discussion