legal fraud

legal fraud
Often regarded as synonymous with constructive fraud. Precisely, actual fraud, that is, fraud of which the law will take cognizance as a cause of action or foundation of a defense. Fraud without damage, or damage without fraud gives no cause of action, but when these two concur, an action lies. This has long been recognized as the governing rule. But the rule has been obscured by the judges in their use of the phrase "legal fraud," which has sometimes been interpreted as meaning fraud by construction, and as indicating that something less than actual fraud may sustain an action for deceit. The gravamen of the action, however, is actual fraud, and nothing less will sustain it. Kountze v Kennedy, 147 NY 124, 41 NE 414. See constructive fraud.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • legal fraud — see fraud Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • legal fraud — noun comprises all acts or omissions or concealments involving breach of equitable or legal duty or trust or confidence • Syn: ↑constructive fraud • Hypernyms: ↑fraud • Hyponyms: ↑fraud in law * * * noun : constructive or equitable fraud for… …   Useful english dictionary

  • 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… …   Law dictionary

  • fraud — An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct …   Black's law dictionary

  • fraud — An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct …   Black's law dictionary

  • fraud — Deceit, deception, artifice, or trickery operating prejudicially on the rights of another, and so intended, by inducing him to part with property or surrender some legal right. 23 Am J2d Fraud § 2. Anything calculated to deceive another to his… …   Ballentine's law dictionary

  • legal — 1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law; of or pertaining to the law; lawful. Freeman v. Fowler Packing Co., 135 Kan. 378, 11 P.2d 276, 277. See… …   Black's law dictionary

  • legal — 1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law; of or pertaining to the law; lawful. Freeman v. Fowler Packing Co., 135 Kan. 378, 11 P.2d 276, 277. See… …   Black's law dictionary

  • fraud in law — noun fraud that is presumed from the circumstances although the one who commits it need not have had any evil intent • Hypernyms: ↑constructive fraud, ↑legal fraud …   Useful english dictionary

  • fraud in the inducement — see fraud Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. fraud in the inducement …   Law dictionary

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