Legal Definition and Related Resources of Fraud

In widest sense, the term denotes an infraction of the rules of fair dealing. while it is impossible to find a definition of fraud to embrace all f.r.s. that it may adopt , for it has been said that fraud is infinite, at law it has been held that fraud is proved when it is shown that a false representation has been made (1) knowing it to be false, or (2) without belief in its truth , or (3) recklessly, careless whether it be true or false. Kidd v Kidd, 242 N.E.2d 385, 143 Ind. A pp. 648. Sometimes an act may amount to be fraud without the element of moral turpitude , for a man may misconceive the extent of obligation which a court of equity imposes on him. The trustee who purchases the trust estate , the attorney who makes a bargain with his client that cannot stand , have all, for several centuries, run the risk of the word fraudulent being applied to them. These are called constructive frauds in that, if permitted, they would be prejudicial to the public welfare or public interests, even though they do not originate in any actual evil design. Actual fraud is where one person causes pecuniary injury to another by intentionally misrepresenting or concealing a material fact from which their mutual position he was bound to explain. Fraud is constructive where the act or omission complained of is contrary to legal or equitable duty, trust or confidence justly reposed and which is contrary to good conscience and operates to the injury or detriment of another. These may occur where there is a confidential or fiduciary relationship between parties , or parties by reason of their respective age, skill, learning or experience are on such unequal position that one may take unfair advantage of the other . In constructive fraud , an intention to deceive need not necessarily be present .

The unlawful obtaining of another’s property by design, but without criminal intent, and with the assent of the owner obtained by artifice or misrepresentation. Any cunning deception or artifice used to circumvent, cheat, or deceive another. Story, Eq. Jur. § 186. Fraud is sometimes used as a term synonymous with “covin,” “collusion,” and “deceit,” but improperly so. Covin is a secret contrivance between two or more persons to defraud and prejudice another of his rights. Clollusion is an agreement between two or more persons to defraud another under the forms of law, or to accomplish an illegal purpose. Deceit is a fraudulent contrivance by words or acts to deceive a third person, who, relying thereupon, without carelessness or neglect of his own, sustains damage thereby. Co. Litt. 357b; Bac. Abr. Actual or positive fraud includes cases of the intentional and successful employment of any cunning, deception, or artifice, used to circumvent, cheat, or deceive another. 1 Story, Eq. Jur. § 186. Legal or constructive fraud includes such contracts or acts as, though not originating in any actual evil design or contrivance to perpetrate a fraud, yet by their tendency to deceive or mislead others, or to violate private or public confidence, are prohibited by law. Thus, for instance, contracts against some general public policy or fixed artificial policy of the law; cases arising from some peculiar confidential or fiduciary relation between the parties, where advantage is taken of that relation by the person in whom the trust or confidence is reposed, or by third persons; agreements and other acts of parties which operate virtually to delay, defraud, and deceive creditors; purchases of property, with full notice of the legal or equitable title of other persons to the same property (the purchaser becoming, by construction, particeps criminis with the fraudulent grantor) ; and voluntary conveyances of real estate, as affecting the title of subsequent purchasers. 1 Story, Eq. Jur. c. 7.. In the Civil Law. According to the civilians, positive fraud consists in doing one’s self, or causing another to do, such things as induce the opposite party into error, or retain him there. The intention to deceive, which is the characteristic of fraud, is here present; the definition of “constructive fraud” being the same as at common law. Fraud was also divided into that which has induced the contract, dolus dans causam contractui, and incidental or accidental fraud. The former is that which has been the cause or determining motive of the contract, that without which the party defrauded would not have contracted, when the artifices practised by one of the parties have been such that it is evident that without them the other would not have contracted. Incidental or afccidental fraud is that by which a person, otherwise determined to contract, is deceived on some accessories or incidents of the contract, for example, as to the quality of the object of the contract, or its price, so that he has made a bad bargain. Accidental fraud does not, according to the civilians, avoid the contract, but simply subjects the party to damages. It is otherwise where the fraud has been the determining cause of the contract, qui causam dedit contractui. In that case, the contract is void. Toullier, Dr. Civ. liv. 3, tit. 3, c. 2, note, § 5, note 86 et seq. See, also, 1 Mall. Anal, de la Disc, du Code Civ. pp. 15, 16; Bouv. Inst. Index. In Equity. It is sometimes Inaccurately said that such and such transactions amount to fraud in equity, though not in law; according to the popular notion that the law allows or overlooks certain kinds of fraud which the more conscientious rules of equity condemn and punish. But, properly speaking, fraud in all its shapes is as odious in law as in equity. The difference is that, as the law courts are constituted, and as it has been found in centuries of experience that it is convenient they should be constituted, they cannot deal with fraud otherwise than to punish it by the infliction of damages. All those manifold varieties of fraud against which specific relief, of a preventive or remedial sort, is required for the purposes of substantial justice, are the subjects of equity and not of law jurisdiction. The following classification of frauds as a head of equity jurisdiction is given by Lord Hardwicke (2 Ves. Jr. 155) : (1) Fraud, or dolus malus, may be actual, arising from facts and circumstances of imposition. (2) It may be apparent from the intrinsic nature and subject of the bargain itself, such as no man in his senses and not under delusion would make, on the one hand, and no honest or fair man would accept, on the other. (3) It may be inferred from the circumstances and condition of the parties; for it is as much against conscience to take advantage of a man’s weakness or necessity as of his ignorance. (4) It may be collected from the nature and circumstances of the transaction, as being an imposition on third persons. In Criminal Law. “Without the express provision of any statute, all deceitful practices in defrauding or endeavoring to defraud another of his known right, by means of some artful device, contrary to the plain rules of common honesty, are condemned by the common law, and punishable according to the heinousness of the offense. Co. Litt. 3b; Dyer, 295; Hawk. P. C. c. 71.

noun

• artfulness
• artifice
• beguilement
• charlatanism
• charlatanry
• cheating
• chicane
• chicanery
• circumscriptio
• collusion
• covin
• cozenage
• craftiness
• crookedness
• cunning
• deceit
• deceitful practice
• deceitfulness
• deception
• deceptiveness
• delusiveness
• dishonesty
• dissembling
• dissimulation
• doubledealing
• dupery
• duplicity
• fabricationfallacia
• fallaciousness
• false conduct
• false representation
• falseness
• falsification
• falsity
• fraudulence
• fraus
• furtiveness
• guile
• improbity
• insidiousness
• intentional deception
• intrigue
• lack of probity
• mendacity
• misrepresentation
• outwitting
• perfidy
• pretense
• prevarication
• quackery
• ruse
• sham
• sneakiness
• subreption
• surreptitiousness
• swindling
• treachery
• trickery
• trickiness
• underhandedness
• unscrupulousness
• untruthfulness
• wiliness Associated Concepts: action for fraud
• actionable fraud
• bad faith
• collateral fraud
• collusion
• constructive fraud
• debt created by fraud
• deceit
• extrinsic fraud
• false representation
• fraudulent misrepresentation
• fraudulent representation
• implied fraud
• intrinsic fraud
• mail fraud
• material fraud
• misrepresentation
• positive fraud
• presumptive fraud
• public fraud
• statute of fraudsforeign phrases: Quiperfraudem agitfrustraagit
• What a man does fraudulently he does vainly
• Vendens eandem rent duobusfalsarius est
• Dolusauctorisnon nocet successori
• The fraud of a predecessor does not prejudice the successor
• Fraus latet in generalibus
• Fraud lies hidden in general expressions
• Fraus est odiosa et non praesumenda
• Fraud is odious and will not be presumed
• Fraus et jus nunquam cohabitant
• Fraus et jus nunquam cohabitant
• Fraud and justice never dwell together
• Nullapactione efficipotest ut doluspraestetur
• lt cannot be provided in any contract that fraud can be practiced
• Nemo ex dolo suo proprio relevetur
• aut auxihum capiat
• No one is relieved or gains an advantage by his own fraud
• Nemo videtur fraudare eos qui sciunt et consentiunt
• implied fraud
• intrinsic fraud
• mail fraud
• material fraud
• misrepresentation
• positive fraud
• presumptive fraud
• public fraud
• statute of fraudsforeign phrases: Quiperfraudem agitfrustraagit
• What a man does fraudulently he does vainly
• Vendens eandem rent duobusfalsarius est
• He is fraudulent who sells the same thing to two persons
• Dolusauctorisnon nocet successori
• The fraud of a predecessor does not prejudice the successor
• Fraus latet in generalibus
• Fraud lies hidden in general expressions
• Fraus est odiosa et non praesumenda
• Fraud is odious and will not be presumed
• Fraus et jus nunquam cohabitant
• Fraud and justice never dwell together
• Nullapactione efficipotest ut doluspraestetur
• lt cannot be provided in any contract that fraud can be practiced
• Nemo ex dolo suo proprio relevetur
• aut auxihum capiat
• No one is relieved or gains an advantage by his own fraud
• Nemo videtur fraudare eos qui sciunt et consentiunt
• No one is considered as deceiving those who know and consent to his acts
• Lata culpa dolo aequiparatur
• Gross fault or negligence is equivalent to fraud
• Ex dolo malo non oritur actio
• No right of action can arise out of fraud
• Non decipiturquiscitsedecipi
• A person is not deceived who knows he is being deceived
• Fraus et dolus neminipatrocinari debent
• Fraud and deceit should not excuse anyone
• Dolus etfraus neminipatrocinentur;patrocinan debent
• Deceit and fraud shall excuse or benefit no man; they themselves need to be excused
• Dolum ex indiciisperspicuisprobari convenit
• Fraud should be established by clear showings of proof
• Aliud est celare
• aliud tacere
• To conceal is one thing; to be silent is another
• Dolus circuitu non pergator
• Fraud is not purged by circuity
• Quod alias bonum et justum est
• si per vim velfraudempetatur
• malum et injustum efficitur
• What otherwise is good and just
• becomes bad and unjust if it is sought by force and fraud
• Megna negligentia culpa est; magna culpa dolus est
• Gross negligence is fault; gross fault is equivalent to a fraud

Browse or run a search for Fraud in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Fraud in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Fraud in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Fraud in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Abduction, Blue Sky Laws, Bona Fide, Cardholder, Cheat, Chirograph, Collateral Fraud, Collusion, Consent, Consent Judgment, Constructive Fraud, Contribution, Deceit, Defraud, Disfranchise, Implied Trust, Inadequate, Intrinsic Fraud, Involuntary Payment, Kidnap, Misrepresentation, Racketeering, Reformation Of Contract, Release, Remedial Statute, S.f.s, Smuggling, Statute Of Frauds, Surprise, Things In Action, True Value Rule.

Translate Fraud from English to Spanish

Translation of Fraud, with examples. More about free online translation into Spanish of Fraude and other legal terms is available here.

• Fraude
• Estafa
• Defraudación
• Legal English Translation

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Browse the Legal Thesaurus	Find synonyms and related words of Fraud
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Related topics	Fraud in the World Encyclopedia of Law

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This definition of Fraud is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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https://legaldictionary.lawin.org/fraud/	The URI of Fraud (more about URIs)

English Spanish Translation of Fraud

Dolo, fraude

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Fraud) and the Word reference legal translator.

Fraud in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of fraud.fraud

Resources

Legal English Vocabulary: Fraud in Spanish

Online translation of the English legal term fraud into Spanish: fraude (English to Spanish translation) . More about legal dictionary from english to spanish online.

Related to the Legal Thesaurus

Resources

See Also

• Law Enforcement Officer
• Police Work
• Law Enforcement Agency

Further Reading

• fraud in A Dictionary of Law Enforcement (Oxford University Press)
• fraud in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Fraud

In the context of the English law, A Dictionary of Law provides the following legal concept of Fraud :

A false representation by means of a statement or conduct made knowingly or recklessly in order to gain a material advantage. If the fraud results in injury to the deceived party, he may claim damages for the tort of *deceit. A contract obtained by fraud is voidable on the grounds of fraudulent *misrepresentation.

See also constructive fraud.

In relation to crime.

See cheat; conspiracy; cybercrime; defrauding; dishonesty; false pretence; forgery.

Crimes: fraud

Fraud Definition (in the Accounting Vocabulary)

The New York State Society of Certified Public Accountants offers the following definition of Fraud in a way that is easy for anybody to understand: Willful misrepresentation by one person of a fact inflicting damage on another person.

Meaning of Fraud in the U.S. Legal System

Definition of Fraud published by the National Association for Court Management: Intentional deception to deprive another person of property or to injure that person in some other way.

Concept of Fraud in the context of Real Property

A short definition of Fraud: A deception, intended to wrongfully obtain money or property from the reliance of another on the deceptive statements or acts, believing them to be true.

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity.

Concept of Fraud in the context of Real Property

A short definition of Fraud: A deception, intended to wrongfully obtain money or property from the reliance of another on the deceptive statements or acts, believing them to be true.

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity.

Fraud

Fraud

Fraud

Resources

See Also

• Social Problem
• Crime
• Delinquency
• Juvenile Delinquency
• Delinquent
• Social Issues
• Crime Prevention

Hierarchical Display of Fraud

Law > Criminal law > Offence > Crime against property
European Union > European Union law > EU law > Application of EU law > Infringement of EU law > Fraud against the EU
Trade > Trade policy > Trade policy > Trade regulations > Illicit trade
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Industrial counterfeiting
Business And Competition > Business organisation > Business activity > Business morals
Politics > Executive power and public service > Administrative law > Administrative offence
Trade > Tariff policy > Customs regulations > Customs fraud

Meaning of Fraud

Overview and more information about Fraud

For a more comprehensive understanding of Fraud, see in the general part of the online platform.[rtbs name=”xxx-xxx”]

Resources

Translation of Fraud

• Spanish: Fraude
• French: Fraude
• German: Betrug
• Italian: Frode
• Portuguese: Fraude
• Polish: Fa&lstrok;szerstwo

Thesaurus of Fraud

Law > Criminal law > Offence > Crime against property > Fraud
European Union > European Union law > EU law > Application of EU law > Infringement of EU law > Fraud against the EU > Fraud
Trade > Trade policy > Trade policy > Trade regulations > Illicit trade > Fraud
Production, Technology And Research > Research and intellectual property > Intellectual property > Industrial property > Industrial counterfeiting > Fraud
Business And Competition > Business organisation > Business activity > Business morals > Fraud
Politics > Executive power and public service > Administrative law > Administrative offence > Fraud
Trade > Tariff policy > Customs regulations > Customs fraud > Fraud

See also

• Fraud against the EU
• Illicit trade
• Industrial counterfeiting
• Business morals
• Administrative offence
• Customs fraud