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. | |
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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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| + | # a person made a material false statement | ||
| + | # he knew the statement was false | ||
| + | # he intended to deceive the victim | ||
| + | # the victim justifiably relied on the false statement | ||
| + | # the victim was [[damage]]d | ||
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| + | ==Other uses== | ||
| + | In [[Medieval]] thought including [[Dante]]'s [[Divine Comedy]], fraud was a broad term used to describe any [[sin]] that involved the use of human intellect, including: [[seduction]], [[flattery]], [[simony]], [[magic|sorcery]], political [[corruption]] (or barratry), [[hypocrisy]], [[theft]], evil counsel, sundering, [[forgery]] and [[deceit]]. These sins were known as 'minor fraud'; 'major fraud' was another name for [[treachery]], which was considered to be the worst sin of all. | ||
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| + | ==References== | ||
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| + | {{reflist}} | ||
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| + | {{DivineComedy}} | ||
| + | [[Category:Legal Terms]] | ||
| + | [[Category:Sin]] | ||
Revision as of 18:28, April 17, 2010
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]
- a person made a material false statement
- he knew the statement was false
- he intended to deceive the victim
- the victim justifiably relied on the false statement
- the victim was damaged
Other uses
In Medieval thought including Dante's Divine Comedy, fraud was a broad term used to describe any sin that involved the use of human intellect, including: seduction, flattery, simony, sorcery, political corruption (or barratry), hypocrisy, theft, evil counsel, sundering, forgery and deceit. These sins were known as 'minor fraud'; 'major fraud' was another name for treachery, which was considered to be the worst sin of all.
References
- ↑ In re Mau, 293 B.R. 919, 923 (Bankr. C.D.Ill. 2003)
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