extrinsic fraud

extrinsic fraud
The character of fraud which will afford a ground for setting aside a judgment, that is, fraud which is collateral to the issues tried in the case wherein the judgment was rendered. 30A Am J Rev ed Judgm § 657. For the purpose of a ground of equitable relief against a judgment, fraud which has prevented a party from having a trial, from presenting all his case to the court, or has so affected the manner in which the judgment was taken that there has not been a fair submission of the controversy to the court. Farley v Davis, 10 Wash 2d 62, 116 P2d 263, 155 ALR 1302. For the purpose of serving as a defense to an action on a foreign judgment, any fraudulent conduct of the successful party in the foreign action, practiced directly and affirmatively on the defeated party outside the actual trial of the case, whereby he was prevented from presenting his side of the cause fully and fairly. Britton v Gannon (Okla) 285 P2d 407, 55 ALR2d 667. Actual fraud characterized by an evil intent to take undue advantage of another person for the purpose of actually and knowingly defrauding him. Flood v Templeton, 152 Cal 148, 92 P 78.

Ballentine's law dictionary. . 1998.

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  • Extrinsic fraud — is fraud that induces one not to present a case in court or deprives one of the opportunity to be heard [or] is not involved in the actual issues .... [ [http://research.lawyers.com/glossary/extrinsic fraud.html Lawyers.com glossary] . Retrieved… …   Wikipedia

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

  • extrinsic fraud — noun fraud that prevents a party from knowing their rights or from having a fair opportunity of presenting them at trial • Syn: ↑collateral fraud • Hypernyms: ↑fraud * * * noun : fraud (as that involved in making a false offer of compromise) that …   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

  • extrinsic — ex·trin·sic /ek strin zik, sik/ adj: not contained in or occurring in something (as a contract) an extrinsic representation Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. extrinsic …   Law dictionary

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

  • Fraud in the factum — is a type of fraud where misrepresentation causes one to enter a transaction without accurately realizing the risks, duties, or obligations incurred. Black s Law Dictionary (2nd Pocket ed. 2001 pg. 293). This can be when the maker or drawer of a… …   Wikipedia

  • 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

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