fraud (frad)

[ Scho kayres to Karelyone, and kawghte hir a vaile, Askes thate the habite in the honoure of Criste, And alle for falsede, and fraude , and fere of hir loverde! Morte Arthure (E. E. T. S.), L. 3919. The fraud of men was ever so, Since summer first was leavy. Shak., Much Ado, ii. 3 (song). Where fraud is permitted and connived at, or has no law to punish it, the honest dealer is always undone. Swift , Gulliver's Travels, i. 6. For when succe a lover's toils attends, Few ask if force or fraud attain'd his ends. Pope, R. of the L., ii. 34. 2. Specifically, in law, an artifice employed by one person for the purpose of deceiving another, to the prejudice of his right; the causing or making use of the error of another for the attainment of an illegal object. Puchta, ii., fol. 6. It includes the secreting or disposing of property with dishonest intent to impair the rights or remedies of its owner or of a creditor of its owner, and the unjust and unconscionable use of a technical legal advantage which equity forbids. 3. A position artfully contrived to work damage or prejudice; a snare. Cæsar was informed of all their plots; he knew their deseignments, their places, their open and secret deuises, and turned the enemies fraud to his owne destruction. Grenewly, tr. of Annals of Tacitus, p. 38. To all his angels he proposed To draw the proud King Ahab into fraud , That he might fall in Ramoth. Milton , P. R., 1. 371. 4. A deceiver; a cheat; a pretender; also, a fraudulent production; something intended to deceive. [Colloq., U. S.] - Actual fraud, or fraud in fact, a fraud in which there is an actual wrongful intent to deceive or take advantage of deception; a false representation of fact, made with a knowledge of its falsehood, or in reckle disregard of its truth or falsity, with the intent and effect of inducing another to act thereon.Constructive fraud, legal fraud, an act or course of conduct which, if sanctioned by law, would, either in the particular case or in common experience, secure an unconscionable advantage, irrespective of the existence or evidence of actual intent to defraud. Thus, if a trustee takes a conveyance to himself of the trust property, though on paying what he deems its full value into the trust fund, the transaction is constructively fraudulent as to any beneficiaries not having full knowledge, and intelligently and freely a enting, even though bis estimate of the value was fair and just; because to sanction such a use of the power of a trustee would in general produce results in legal effect equivalent to actual fraud. Pious fraud. promoting some good object of of sparing pain to the per son deceived; a kindly deception. May is a pious fraud of the almanac. Lowell, Under the Willows. (6) A person who talks piously, but is not pious at heart; a religious humbug. [Colloq.] - Statute of Frauds, an English statute of 1677, reenacted in varying forms in nearly all of the United States, requiring written memoranda to make valid many cla es of contracts: the statute being named from its intent to put an end to frauds and per fraternité = Sp. fraternidad = Pg. fraternidade fraternidade = It. fraternità , frater nit a (t-)s, a brother- hood, a fraternity, fraternus , brotherly, fratricidal war. frater = E. brother : see fraternal , friar , bro- ther.] 1. The relationship hip of a brother; the condition of being a brother or of being bro- thers; brotherhood. E. Phillips , 1706. Hence -2. more. IMG:content-1807.png:[blocks in formation] Wherefore should we leap, On one hand, into fratricidal fight, Or, on the other, yield eternal right? Whittier, A Word for the Hour.