What is the test for determining whether a defendant has been found to have engaged in a fraudulent trade practice?
MultiRegion, United States of America
The following excerpt is from F.D.I.C. v. Craft, 157 F.3d 697 (9th Cir. 1998):
(c) the defendant's conduct did not meet a standard of honesty in fact and observance of reasonable commercial standards of fair dealing in the trade;
(d) defendant's conduct damaged the plaintiff.
See Story v. City of Bozeman, 242 Mont. 436, 791 P.2d 767, 776 (1990).
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