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 naiveté 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, legal
dictionary, online law dictionary, legal terms dictionary,
online legal dictionary, legal definition, legal
terms and definition, Best online Dictionary, Law
Dictionary Software, Download Law Dictionary, law
dictionary, legal dictionary, online law dictionary,
legal terms dictionary, online legal dictionary,
legal definition, legal terms and definition, Best
online Dictionary, Law Dictionary Software, Download
Law Dictionary
