| 词汇 | Fraud, To Defraud2 |
| 释义 | `1`Fraud, To Defraud2 `2` "Legal Lexicon": The word 'material' means that the subject matter of the statement [or concealment] related to a fact or circumstance which would be important to the decision to be made as distinguished from an insignificant, trivial or unimportant detail. (e.g. re: insurance fraud - to be material, an assertion [or concealment] must relate to a fact or circumstance that would affect the liability of an insurer (if made during an investigation of the loss), or would affect the decision to issue the policy, or the amount of coverage or the premium (if made in the application for the policy). Torts. Unlawfully, designedly and knowingly, to appropriate the property of another without criminal intent. For example: 1. Every appropriation of the right of property of another is not fraud. It must be unlawful; that is to say, such an appropriation as is not permitted by law. Property loaned may, during the time of the loan, be appropriated to the use of the borrower. This is not fraud, because it is permitted by law. 2. The appropriation must be not only unlawful, but it must be made with a knowledge that the property belongs to another and with a design to deprive him of the same. It is unlawful to take the property of another; but if it be done with a design of preserving it for the owners or if it be taken by mistake, it is not done designedly or knowingly and, therefore, does not come within the definition of fraud. 3. Every species of unlawful appropriation, not made with a criminal intent, enters into this definition, when designedly made, with a knowledge that the property is another's; therefore, such an appropriation, intended either for the use of another or for the benefit of the offender himself, is comprehended by the term. 4. Fraud, however immoral or illegal, is not in itself a crime or offence for want of a criminal intent. It only becomes such in the cases provided by law. Contracts, Torts. Any trick or artifice employed by one person to induce another to fall into an error or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law. Fraud gives no action however, without damage and in matters of contract it is merely a defence; it cannot in any case constitute a new contract. Fraud avoids a contract, ab initio, both at law and in equity, whether the object be to deceive the public, third persons or one party endeavor thereby to cheat the other. The following is an enumeration of frauds for which equity will grant relief: 1. Fraud, dolus malus, may be actual, arising from facts and circumstances of imposition, which is the plainest case; 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 such as no honest and fair man would accept on the other, which are inequitable and unconscientious bargains; 3. Fraud, which may be presumed from the circumstances and condition of the parties contracting; 4. Fraud, which may be collected and inferred in the consideration of a court of equity, from the nature and circumstances of the transaction, as being an imposition and deceit on other persons, not parties to the fraudulent agreement; 5. Fraud, in what are called catching bargains, with heirs, reversioners) or expectants on the life of the parents. This last seems to fall under one or more of the preceding divisions. Frauds may be also divided into actual or positive and constructive frauds. An actual or positive fraud is the intentional and successful employment of any cunning, deception or artifice used to circumvent, cheat or deceive another. Go to Fraud, To Defraud3 |
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