Constructive fraud

Constructive fraud
Fraud Fraud (fr[add]d), n. [F. fraude, L. fraus, fraudis; prob. akin to Skr. dh[=u]rv to injure, dhv[.r] to cause to fall, and E. dull.] 1. Deception deliberately practiced with a view to gaining an unlawful or unfair advantage; artifice by which the right or interest of another is injured; injurious stratagem; deceit; trick. [1913 Webster]

If success a lover's toil attends, Few ask, if fraud or force attained his ends. --Pope. [1913 Webster]

2. (Law) An intentional perversion of truth for the purpose of obtaining some valuable thing or promise from another. [1913 Webster]

3. A trap or snare. [Obs.] [1913 Webster]

To draw the proud King Ahab into fraud. --Milton. [1913 Webster]

{Constructive fraud} (Law), an act, statement, or omission which operates as a fraud, although perhaps not intended to be such. --Mozley & W.

{Pious fraud} (Ch. Hist.), a fraud contrived and executed to benefit the church or accomplish some good end, upon the theory that the end justified the means.

{Statute of frauds} (Law), an English statute (1676), the principle of which is incorporated in the legislation of all the States of this country, by which writing with specific solemnities (varying in the several statutes) is required to give efficacy to certain dispositions of property. --Wharton.

Syn: Deception; deceit; guile; craft; wile; sham; strife; circumvention; stratagem; trick; imposition; cheat. See {Deception}. [1913 Webster]


The Collaborative International Dictionary of English. 2000.

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Look at other dictionaries:

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

  • Constructive fraud — is a legal fiction used in the law to describe a situation where a person or entity gained an unfair advantage over another by deceitful, or unfair, methods. Intent does not need to be shown[1] as in the case of actual fraud. Some unfair methods… …   Wikipedia

  • constructive fraud — Legal fraud as distinguished from actual fraud, being presumed from the relation of the parties to a transaction or from the circumstances under which it takes place, not necessarily a matter of conscious wrongdoing. 37 Am J2d Fraud § 4. In its… …   Ballentine's law dictionary

  • constructive fraud — noun comprises all acts or omissions or concealments involving breach of equitable or legal duty or trust or confidence • Syn: ↑legal fraud • Hypernyms: ↑fraud • Hyponyms: ↑fraud in law * * * noun : conduct that is based on acts, omissions, or… …   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

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • Constructive treason — refers to the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason When a Man doth compass or imagine the Death of our Lord the King. This was subsequently… …   Wikipedia

  • Fraud — (fr[add]d), n. [F. fraude, L. fraus, fraudis; prob. akin to Skr. dh[=u]rv to injure, dhv[.r] to cause to fall, and E. dull.] 1. Deception deliberately practiced with a view to gaining an unlawful or unfair advantage; artifice by which the right… …   The Collaborative International Dictionary of English

  • constructive — [kən struk′tiv] adj. [ML constructivus] 1. helping to construct; leading to improvements or advances; formative; positive [constructive criticism] 2. of construction or structure 3. inferred or implied by legal or judicial interpretation… …   English World 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

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