| 词汇 | Fraud, To Defraud3 |
| 释义 | `1`Fraud, To Defraud3 `2` "Legal Lexicon": By constructive fraud is meant such a contract or act, which, though not originating in any actual evil design or contrivance to perpetrate a positive fraud or injury upon other persons, yet by its tendency to deceive or mislead them or to violate private or public confidence or to impair or injure the public interests, is deemed equally reprehensible with positive fraud and therefore is prohibited by law, as within the same reason and mischief as contracts and acts done malo animo. Constructive frauds are such as are either against public policy, in violation of some special confidence or trust or operate substantially as a fraud upon private right's, interests, duties or intentions of third persons; or unconscientiously compromit or injuriously affect the private interests, rights or duties of the parties themselves. The civilians divide frauds into positive which consists in doing one's self or causing another to do such things as induce a belief of the truth of what does not exist, or negative, which consists in doing or dissimulating certain things in order to induce the opposite party into error or to retain him there. The intention to deceive, which is the characteristic of fraud, is here present. Fraud is also divided into that which has induced the contract 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 accidental 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; in that case the contract is void. --B-- There's probably related stuff in other Library areas, so explore. |
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