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fraud n [Latin fraud - fraus]1 a: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage; specif: a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured therebyb: the affirmative defense of having acted in response to a fraud2: the crime or tort of committing fraudconvicted of securities fraud see also misrepresentation◇ A tort action based on fraud is also referred to as an action of deceit.actual fraud: fraud committed with the actual intent to deceive and thereby injure another – called also fraud in fact; compare constructive fraud in this entrycollateral fraud: extrinsic fraud in this entryconstructive fraud: conduct that is considered fraud under the law despite the absence of an intent to deceive because it has the same consequences as an actual fraud would have and it is against public interests (as because of the violation of a public or private trust or confidence, the breach of a fiduciary duty, or the use of undue influence) – called also legal fraud; compare actual fraud in this entryequitable fraud: constructive fraud in this entry— used esp. in New Jerseyextrinsic fraud: fraud (as that involved in making a false offer of compromise) that induces one not to present a case in court or deprives one of the opportunity to be heard; also: fraud that is not involved in the actual issues presented to a court and that prevents a full and fair hearing – called also collateral fraud; compare intrinsic fraud in this entryfraud in fact: actual fraud in this entryfraud in law: fraud that is presumed to have occurred in light of the circumstances irrespective of intent to deceivefraud in the factum: fraud in which the deception causes the other party to misunderstand the nature of the transaction in which he or she is engaging esp. with regard to the contents of an instrument (as a contract or promissory note) – called also fraud in the execution; compare fraud in the inducement in this entryfraud in the inducement: fraud in which the deception leads the other party to engage in a transaction the nature of which he or she understands compare fraud in the factum in this entryfraud on the court: fraud involving conduct that undermines the integrity of the judicial process (as by improperly influencing a judge, jury, or other court personnel); also: extrinsic fraud in this entryintrinsic fraud: fraud (as by the use of false or forged documents, false claims, or perjured testimony) that deceives the trier of fact and results in a judgment in favor of the party perpetrating the fraud compare extrinsic fraud in this entrylegal fraud1: constructive fraud in this entry2: actual fraud in this entry— used esp. in New Jerseymail fraud: fraud committed by use of the postal service esp. as described in title 18 section 1341 of the U.S. Codewire fraud: fraud committed by using a means of electronic communication (as a telephone) see also wire fraud act in the important laws section
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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noun
artfulness, artifice, beguilement, charlatanism, charlatanry, cheating, chicane, chicanery, circumscripta, collusion, covin, cozenage, craftiness, crookedness, cunning, deceit, deceitful practice, deceitfulness, deception, deceptiveness, delusiveness, dishonesty, dissembling, dissimulation, double-dealing, dupery, duplicity, fabrication, fallacia, 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, discovery of fraud, 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 frauds
foreign phrases:
- Qui per fraudem agit frustra a git. — What a man does fraudulently he does vainly- Vendens eandem rem duobus faisarius est. — He is fraudulent who sells the same thing to two persons.- Dolus auctoris non 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.- Nulla pactione effici potest ut dolus praestetur. — It cannot be provided in any contract that fraud can be practiced- Nemo ex dolo suo proprio relevetur, aut auxilium capiat. — No one is relieved or gains an advantage by his own fraud- Nemo videtur fraudare eos qui sciunt et consentlunt. — No one is considered as deceiving those who know and consent to his acts- Lata culpa dolo aequlparatur. — Gross fault or negligence is equivalent to fraud- Ex dolo malo non oritur actio. — No right of action can arise out of fraud.- Non decipitur qui scit se decipi. — A person is not deceived who knows he is being deceived- Fraus et dolus nemini patrocinari debent. — Fraud and deceit should not excuse anyone- Dolus et fraus nemini patrocinentur; patrocinari debent. — Deceit and fraud shall excuse or benefit no man; they themselves need to be excused- Dolum ex indiciis perspicuis probari 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 fustum est, si per vim vei fraudem petatur, 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- Dolo malo pactumse non servaturum. — An agreement induced by fraud is not valid- Fraus est celare fraudem. — It is fraud to conceal a fraudII index bad faith, bad repute, betray (lead astray), bilk, canard, collusion, conversion (misappropriation), deceit, deception, duplicity, embezzlement, fake, false pretense, falsehood, falsification, forgery, hoax, hypocrisy, imposture, improbity, indirection (deceitfulness), knavery, lie, maneuver (trick), misappropriation, misrepresentation, pettifoggery, pretense (pretext), pretext, racket, ruse, sham
Burton's Legal Thesaurus. William C. Burton. 2006
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n.Intentional misrepresentation of the truth done to cause someone else to rely on that misrepresentation and be deceived into surrendering a legal right or otherwise being injured.adj.fraudulentv.defraud
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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in criminal law, the achievement of a practical result by false pretence. Nondisclosure, where a duty to disclose exists, may be sufficient. There is no need to make pecuniary profit out of the pretence – a definite practical result is sufficient.In Scotland, the delict of making a false representation of fact without belief in its truth, intending that the person to whom it is made should act in reliance thereon, causing a consequent loss. Essentially very similar to the English tort of deceit.
Collins dictionary of law. W. J. Stewart. 2001.
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Intentionally deceiving someone and causing that person to suffer a loss. Fraud includes lies and half-truths, such as selling a car that is a lemon and claiming "she runs like a dream." Or, failing to point out a mistake in a contract, such as a survey that shows ten acres of land being purchased and not 20 as originally understood. Fraud can be the basis of a civil lawsuit for damages and for prosecution as a crime.Category: Criminal LawCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. An intentional misrepresentation uttered to cause another to rely on it to his detriment.@ constructive fraudA misrepresentation deemed by the law to be fraud even though unintentional.@ fraud in the factumThe nature of a legal document is misrepresented to a party who is induced to sign it based on an incorrect understanding of its nature.@ fraud in the inducementA party is induced to sign a contract by misrepresentation, not of the terms of the contract itself, but of the level of risk or the surrounding circumstances.@ mail fraudA fraudulent act involving misrepresentations made through the United States Postal Service for financial benefit.@ wire fraudA fraudulent act involving misrepresentations made via telephone or other form of electronic communications.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
Dictionary from West's Encyclopedia of American Law. 2005.
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A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.II A false representation of a matter of fact which is intended to deceive another.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit. Since fraud is intended to employ dishonesty to deprive another of money, property or a right, it can also be a crime for which the fraudulent person(s) can be charged, tried and convicted. Borderline overreaching or taking advantage of another's naivet© involving smaller amounts is often overlooked by law enforcement, which suggests the victim seek a "civil remedy" (i.e., sue). However, increasingly fraud, which has victimized a large segment of the public (even in individually small amounts), has become the target of consumer fraud divisions in the offices of district attorneys and attorneys general.See also: constructive fraud exemplary damages extrinsic fraud fraud in the inducement fraudulent conveyance intrinsic fraud
Law dictionary. EdwART. 2013.
