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Legal fraud

Law Legal descriptionLegal process

Legal fraud
Definition
1 : See also constructive fraud
2 : See also actual fraud­used esp. in New Jersey ...

 


Legal fraud is fraud implied by law, or made out by construction, but lawful fraud would be a contradiction in terms. Legal is also used as the antithesis of equitable, just. As a result, legal estate is the correct usage, instead of lawful estate.

Formerly, the remedy was a "writ of deceit"; now, unless otherwise provided by statute, it is by an "action of trespass on the case". The defendant or his agent must have been guilty of some moral wrong; legal fraud alone will not support the action.

See also: Estate, Fraud, Constructive, Term, Relation

Law Legal descriptionLegal process

 
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