fraud

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Related to defraud: forge, fraudulence, incontinency

fraud,

in law, willful misrepresentation intended to deprive another of some right. The offense, generally only a torttort,
in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages.
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, may also constitute the crime of false pretenses. Frauds are either actual or constructive. An actual fraud requires that the act be motivated by the desire to deceive another to his harm, while a constructive fraud is a presumption of overreaching conduct that arises when a profit is made from a relation of trust (see fiduciaryfiduciary
, in law, a person who is obliged to discharge faithfully a responsibility of trust toward another. Among the common fiduciary relationships are guardian to ward, parent to child, lawyer to client, corporate director to corporation, trustee to trust, and business
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). The courts have found it undesirable to make a rigid definition of the type of misrepresentation that amounts to actual fraud and have preferred to consider individually the factors in each case. The misrepresentation may be a positive lie, a failure to disclose information, or even a statement made in reckless disregard of possible inaccuracy. Actual fraud can never be the result of accident or negligencenegligence,
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances.
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, because of the requirement that the act be intended to deceive. The question of commission may depend upon the competence and commercial knowledge of the alleged victim. Thus dealings with a minor, a lunatic, a feeble-minded person, a drunkard, or (in former times) a married woman are scrutinized more closely than dealings with an experienced businessman. A lawsuit based upon actual or constructive fraud must specify the fraudulent act, the plaintiff's reliance on it, and the loss suffered. The remedy granted to the plaintiff in most cases is either compensatory (and possibly punitive) damagesdamages,
money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought.
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 for the injury or cancellation of the contract or other agreement and the restoration of the parties to their former status. In a few states of the United States both damages and cancellation are available. In certain suits based upon a contract, fraud may be introduced as a defense.
References in periodicals archive ?
Frank McParland, who worked for Bolton Wanderers and is now sporting director at Championship rivals Burnley, was cleared of conspiracy to defraud and two counts of perverting the course of justice.
A fourth person charged is Asif Iqbal, 42, of Hall Bower, Newsome, who is also accused of conspiracy to defraud and money-laundering.
The two are charged with conspiring together to defraud Gwynedd Council (and formerly Meirionnydd District Council) of benefits totalling pounds 35,104.
Darren Williams, 29, jockey, Leyburn, North Yorkshire Conspiracy to defraud Betfair customers
There was a scheme to defraud, led by Doug Dowie,'' he said.
Hoult (38), of Copper Beach Close, Harborne, was formally charged at Nottingham Magistrates' Court yesterday with conspiracy to defraud and corruption.
Carol Birrell,46,of Hillside Close, Garston, is charged with four counts of conspiracy to defraud Norwich Union.
Forgery and counterfeiting--The altering, copying, or imitating of something, without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that which is original or genuine; or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud.
District Court in Central Islip found the brothers guilty of one count of conspiracy to defraud the United States by obstructing the IRS from its computation and collection of federal income taxes and 10 counts of subscribing to false personal and corporate tax returns.
Under Colorado law, a conveyance is fraudulent when it is "made with the intent to hinder, delay, or defraud creditors," in this case, the IRS.
Timothy O'Neill, 43, married with three children, from Swords, pleaded guilty to six counts of forgery with intent to defraud between February 2, 1996 and July 7, 1998.
The owners and top management of Housing Mortgage Corporation were involved in a massive scheme to defraud HMC's creditors, Specifically, HMC's owners diverted funds front escrow accounts held by HMC and misused millions of dollars in loans.