Difference between revisions of "Fraud"

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A '''fraud''' is a false representation of a matter of fact which is intended to deceive another.
 
A '''fraud''' is a false representation of a matter of fact which is intended to deceive another.
  
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To prove fraud in court, a [[victim]] must prove each of the "five fingers of fraud":<ref>In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)</ref>
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To prove fraud in court, a victim must prove each of the "five fingers of fraud":<ref>In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)</ref>
  
 
# a person made a material false statement
 
# a person made a material false statement

Revision as of 12:50, August 4, 2008

A fraud is a false representation of a matter of fact which is intended to deceive another.

To prove fraud in court, a victim must prove each of the "five fingers of fraud":[1]

  1. a person made a material false statement
  2. he knew the statement was false
  3. he intended to deceive the victim
  4. the victim justifiably relied on the false statement
  5. the victim was damaged

References

  1. ↑ In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)