Difference between revisions of "Fraud"

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(New page: 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":<ref>In re Mau...)
 
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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.
  
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>
  
(1) a person made a material false statement
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# a person made a material false statement
<br>(2) he knew the statement was false
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# he knew the statement was false
<br>(3) he intended to deceive the victim
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# he intended to deceive the victim
<br>(4) the victim justifiably relied on the false statement
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# the victim justifiably relied on the false statement
<br>(5) the victim was damaged
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# the victim was damaged
  
 
[[category:legal terms]]
 
[[category:legal terms]]

Revision as of 17:49, 11 July 2007

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