fraud, in law, willful misrepresentation intended to deprive another of some right. The offense, generally only a tort, may also constitute the crime of false pretenses. Frauds are either actual or constructive. An actual fraud requires that the act be motivated by the desire to deceive another to his harm, while a constructive fraud is a presumption of overreaching conduct that arises when a profit is made from a relation of trust (see fiduciary). The courts have found it undesirable to make a rigid definition of the type of misrepresentation that amounts to actual fraud and have preferred to consider individually the factors in each case. The misrepresentation may be a positive lie, a failure to disclose information, or even a statement made in reckless disregard of possible inaccuracy. Actual fraud can never be the result of accident or negligence, because of the requirement that the act be intended to deceive. The question of commission may depend upon the competence and commercial knowledge of the alleged victim. Thus dealings with a minor, a lunatic, a feeble-minded person, a drunkard, or (in former times) a married woman are scrutinized more closely than dealings with an experienced businessman. A lawsuit based upon actual or constructive fraud must specify the fraudulent act, the plaintiff's reliance on it, and the loss suffered. The remedy granted to the plaintiff in most cases is either compensatory (and possibly punitive) damages for the injury or cancellation of the contract or other agreement and the restoration of the parties to their former status. In a few states of the United States both damages and cancellation are available. In certain suits based upon a contract, fraud may be introduced as a defense.

The Columbia Encyclopedia, 6th ed. Copyright© 2018, The Columbia University Press.

Fraud: Selected full-text books and articles

The Psychology of Fraud By Duffield, Grace; Grabosky, Peter Trends & Issues in Crime and Criminal Justice, No. 199, March 2001
Red Flags of Fraud By Grabosky, Peter; Duffield, Grace Trends & Issues in Crime and Criminal Justice, No. 200, March 2001
Fraud and the Subprime Mortgage Crisis By Tomson H. Nguyen LFB Scholarly, 2011
Academic Fraud Today: Its Social Causes and Institutional Responses By Epstein, Richard A Stanford Law & Policy Review, Vol. 21, No. 1, Winter 2010
Voodoo Science: The Road from Foolishness to Fraud By Robert L. Park Oxford University Press, 2000
Looking for a topic idea? Use Questia's Topic Generator
Search by... Author
Show... All Results Primary Sources Peer-reviewed


An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.