Fraud

5 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  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]

From WordNet (r) 2.0 [wn]:

  fraud
       n 1: intentional deception resulting in injury to another person
       2: a person who makes deceitful pretenses [syn: {imposter}, {impostor},
           {pretender}, {fake}, {faker}, {sham}, {shammer}, {pseudo},
           {pseud}, {role player}]
       3: something intended to deceive; deliberate trickery intended
          to gain an advantage [syn: {fraudulence}, {dupery}, {hoax},
           {humbug}, {put-on}]

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  206 Moby Thesaurus words for "fraud":
     abstraction, acting, actor, affectation, affecter, annexation,
     appearance, appropriation, artfulness, artifice, attitudinizing,
     ballot-box stuffing, bamboozlement, barracuda, bilk, bilker,
     blagueur, bluff, bluffer, bluffing, boosting, bunco, cardsharping,
     charlatan, cheat, cheater, cheating, chicane, chicanery, clinquant,
     color, coloring, con artist, con man, confidence man, conversion,
     conveyance, counterfeit, cozenage, craft, craftiness,
     credibility gap, deceit, deceitfulness, deceiver, deception,
     defrauder, delusion, diddle, diddling, disguise, dishonesty,
     disingenuousness, dissemblance, dissembling, dissimulation, dodge,
     double-dealing, dummy, dupery, duping, duplicity, embezzlement,
     facade, face, fake, fakement, faker, fakery, faking, false air,
     false front, false show, falseheartedness, falsity, feigning,
     feint, filching, fishy transaction, flam, flimflam, flimflammer,
     forgery, forswearing, four-flushing, fourflusher, frame-up,
     fraudulence, fraudulency, front, gerrymandering, gilt, gloss,
     graft, grift, guile, gyp, gyp joint, hanky-panky, hoax, hollow man,
     hoodwinking, humbug, humbuggery, illicit business, imitation,
     impersonator, imposition, impostor, imposture, insincerity,
     intrigue, inveigler, junk, knave, liberation, lifting, malingerer,
     man of straw, mannerist, masquerade, meretriciousness, mock,
     monkey business, mountebank, ostentation, outward show,
     paper tiger, paste, performer, perjury, phony, pilferage,
     pilfering, pinchbeck, pinching, playacting, playactor, poaching,
     pose, poser, poseur, posing, posture, pretender, pretense,
     pretension, pretext, put-on, put-up job, quack, quacksalver,
     quackster, racket, representation, ringer, rip-off, rogue, ruse,
     saltimbanco, scam, scoundrel, scrounging, seeming, sell, semblance,
     sham, shammer, shark, sharp practice, sharper, shoddy, shoplifting,
     show, simulacrum, simulation, snatching, sneak thievery, snitching,
     speciousness, stealage, stealing, stratagem, straw man, subterfuge,
     swindle, swindler, swindling, swiping, theft, thievery, thieving,
     tinsel, treachery, trick, trickery, trickster, uncandidness,
     uncandor, unfrankness, unsincereness, untruthfulness, varnish,
     whited sepulcher, wile, window dressing
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  FRAUD, contracts, torts. Any trick or artifice employed by one person to 
  induce another to fall into an error, or to detain him in it, so that he may 
  make an agreement contrary to his interest. The fraud may consist either, 
  first, in the misrepresentation, or, secondly, in the concealment of a 
  material fact. Fraud, force and vexation, are odious in law. Booth, Real 
  Actions, 250. Fraud gives no action, however, without damage; 3 T. R. 56; 
  and in matters of contract it is merely a defence; it cannot in any case 
  constitute a new contract. 7 Vez. 211; 2 Miles' Rep. 229. It is essentially 
  ad hominem. 4 T. R. 337-8. 
       2. Fraud avoids a contract, ab initio, both at law and in equity, 
  whether the object be to deceive the public, or third persons, or one party 
  endeavor thereby to cheat the other. 1 Fonb. Tr. Equity, 3d ed. 66, note; 
  6th ed. 122, and notes; Newl. Cont. 352; 1 Bl. R. 465; Dougl. Rep. 450; 3 
  Burr. Rep. 1909; 3 V. & B. Rep. 42; 3 Chit. Com. Law, 155, 806, 698; 1 Sch. 
  & Lef. 209; Verpl. Contracts, passim; Domat, Lois Civ. p. 1, 1. 4, t. 6, s. 
  8, n. 2. 
       3. The following enumeration of frauds, for which equity will grant 
  relief, is given by Lord Hardwicke, 2 Ves. 155. 1. Fraud, dolus malus, may 
  be actual, arising from facts and circumstances of imposition, which is the 
  plainest case. 2. It may be apparent from the intrinsic nature and subject 
  of the bargain itself; such as no man in his senses, and not under delusion, 
  would make on the one hand, and such as no honest and fair man would accept 
  on the other, which are inequitable and unconscientious bargains. 1 Lev. R. 
  111. 3. Fraud, which may be presumed from the circumstances and condition of 
  the parties contracting. 4. Fraud, which may be collected and inferred in 
  the consideration of a court of equity, from the nature and circumstances of 
  the transaction, as being an imposition and deceit on other persons, not 
  parties to the fraudulent agreement. 5. Fraud, in what are called catching 
  bargains, (q.v.) with heirs, reversioners) or expectants on the life of the 
  parents. This last seems to fall, naturally, under one or more of the 
  preceding divisions. 
       4. Frauds may be also divided into actual or positive and constructive 
  frauds. 
       5. An actual or positive fraud is the intentional and successful 
  employment of any cunning, deception, or artifice, used to circumvent, 
  cheat, or deceive another. 1 Story, Eq. Jur. Sec. 186; Dig. 4, 3, 1, 2; Id. 
  2, 14, 7, 9. 
       6. By constructive fraud is meant such a contract or act, which, though 
  not originating in any actual evil design or contrivance to perpetrate a 
  positive fraud or injury upon other persons, yet, by its tendency to deceive 
  or mislead. them, or to violate private or public confidence, or to impair 
  or injure the public interests, is deemed equally reprehensible with 
  positive fraud, and, therefore, is prohibited by law, as within the same 
  reason and mischief as contracts and acts done malo animo. Constructive 
  frauds are such as are either against public policy, in violation of some 
  special confidence or trust, or operate substantially as a fraud upon 
  private right's, interests, duties, or intentions of third persons; or 
  unconscientiously compromit, or injuriously affect, the private interests, 
  rights or duties of the parties themselves. 1 Story, Eq. ch. 7, Sec. 258 to 
  440. 
       7. The civilians divide frauds into positive, which consists in doing 
  one's self, or causing another to do, such things as induce a belief of the 
  truth of what does not exist or negative, which consists in doing or 
  dissimulating certain things, in order to induce the opposite party. into 
  error, or to retain him there. The intention to deceive, which is the 
  characteristic of fraud, is here present. Fraud is also divided into that 
  which has induced the contract, dolus dans causum contractui, and incidental 
  or accidental fraud. The former is that which has been the cause or 
  determining motive of the contract, that without which the party defrauded 
  would not have contracted, when the artifices practised by one of the 
  parties have been such that it is evident, without them, the other would not 
  have contracted. Incidental or accidental fraud is that by which a person, 
  otherwise determined to contract, is deceived on some accessories or 
  incidents of the contract; for example, as to the quality of the object of 
  the contract, or its price, so that he has made a bad bargain. Accidental 
  fraud does not, according to the civilians, avoid the contract, but simply 
  subjects the party to damages. It is otherwise where the fraud has been the 
  determining cause of the contract, qui causam dedit contractui; in that 
  case. the contract is void. Toull. Dr. Civ. Fr. Liv. 3, t. 3, c. 2, n. Sec. 
  5, n. 86, et seq. See also 1 Malleville, Analyse de la, Discussion de Code 
  Civil, pp. 15, 16; Bouv. Inst. Index, h.t. Vide Catching bargain; Lesion; 
  Voluntary Conveyance. 
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  FRAUD, TO DEFRAUD, torts. Unlawfully, designedly, and knowingly, to 
  appropriate the property of another, without a criminal intent. 
       2. Illustrations. 1. Every appropriation of the right of property of 
  another is not fraud. It must be unlawful; that is to say, such an 
  appropriation as is not permitted by law. Property loaned may, during the 
  time of the loan, be appropriated to the use of the borrower. This is not 
  fraud, because it is permitted by law. 2. The appropriation must be not only 
  unlawful, but it must be made with a knowledge that the property belongs to 
  another, and with a design to deprive him of the same. It is unlawful to 
  take the property of another; but if it be done with a design of preserving 
  it for the owners, or if it be taken by mistake, it is not done designedly 
  or knowingly, and, therefore, does not come within the definition of fraud. 
  3. Every species of unlawful appropriation, not made with a criminal intent, 
  enters into this definition, when designedly made, with a knowledge that the 
  property is another's; therefore, such an appropriation, intended either for 
  the use of another, or for the benefit of the offender himself, is 
  comprehended by the term. 4. Fraud, however immoral or illegal, is not in 
  itself a crime or offence, for want of a criminal intent. It only becomes 
  such in the cases provided by law. Liv. System of Penal Law, 789.