Fraud
Introduction to Fraud
Fraud, in law, general term for any instance in which one party deceives or takes unfair advantage of another. Any means used by one person to deceive another may be defined as fraud. For example, if a person represents himself or herself as the agent of a business with which he or she is unconnected and causes another to make a contract to the other party’s disadvantage or injury, the first party is guilty of fraud. Furthermore, if, in making a contract, a person obtains an unjust advantage because of the youth, defective mental capacity, or intoxicated condition of the other party to the contract, he or she is guilty of fraud. In a court of law, it is necessary to prove that a representation was made as a statement of fact; that it was untrue and known to be untrue; that it was made with intent to deceive and to induce the other party to act upon it; and that the other party relied on it and was induced to act or not to act, to his or her injury or damage.
In equity, fraud includes any act, omission, or concealment, involving a breach of legal or equitable duty or trust, which results in disadvantage or injury to another. An example of fraud in this sense is the act of an insolvent who contrives to give one creditor an advantage over the others. Fraud can also be constructive, that is, deemed fraud by interpretation. The sole difference in the case of constructive fraud is that no dishonest intent need be adduced. It arises from a breach of duty, such as the breach of a fiduciary relationship in which a trust or confidence has been betrayed.” (1)
Fraud, Trust
From the book The Clergyman’s Hand-book of Law, about Fraud, Trust (1): Where a “prophet” induced members of his organization, by his fraud and deceit, to convey to him all their property in discharge of a religious duty and then refused to account to them, the court declared the trust closed and divided the estate among the members in proportion to the money, property, and labor contributed by each of them.312
Fraud
Embracing mainstream international law, this section on fraud explores the context, history and effect of the area of the law covered here.
Fraud and Europe
There is an entry on fraud in the European legal encyclopedia.
Resources
See Also
- Social Problem
- Crime
- Delinquency
- Juvenile Delinquency
- Delinquent
- Social Issues
- Crime Prevention
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See Also
Further Reading
- Entry “Fraud” in the work “A Concise Encyclopedia of the European Union from Aachen to Zollverein”, by Rodney Leach (Profile Books; London)
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Further Reading
- The entry “fraud” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press
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Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
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Notes and References
- Information about Fraud in the Encarta Online Encyclopedia
Guide to Fraud
The Legal History of Fraud
This section provides an overview of Fraud
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See Also
- Legal Biography
- Legal Traditions
- Historical Laws
- History of Law
Further Reading
- Fraud in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Fraud in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
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
Fraud
Concept of Fraud
See the dictionary definition of Fraud.
Characteristics of Fraud
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Translation of Fraud
- Spanish: Fraude
- French: Fraude
- German: Betrug
- Italian: Frode
- Portuguese: Fraude
- Polish: Fałszerstwo
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
- Elimination of fraud
- Fight against fraud
- Fraud prevention
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