Extrinsic Fraud – intentional misrepresentation or deception which deprives someone(s) of informed consent, full participation, or due process

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extrinsic fraud:

1. Fraud that is collateral to the issues being considered in the case; specifically, intentional misrepresentation or deceptive behavior outside the transaction itself (whether a contract or a lawsuit), depriving one party of informed consent or full participation.  *  For example, a person might engage in extrinsic fraud by convincing a litigant not to hire counsel or answer by dishonestly saying the matter will not be pursued. — aka collateral fraud

2. Fraud that prevents a person from knowing about or asserting certain rights.  Cf. intrinsic fraud. [1]

1. The character of fraud which will afford a ground for setting aside a judgement, that is, fraud which is collateral to the issues tried in the case wherein the judgment was rendered.  30A Am J Rev ed Judgm § 657

For the purpose of a ground of equitable relief against a judgment, fraud which has prevented a party from having a trial, from presenting all his case to the court, or has so affected the manner in which the judgment was taken that there has not been a fair submission of the controversy of the court.  Farley v Davis, 10 Wash 2d 62, 116 P2d 263, 155 ALR 1302

For the purpose of serving as a defense to an action on a foreign judgment, any fraudulent conduct of the successful party in the foreign action, practiced directly and affirmatively on the defeated party outside the actual trial of the case, whereby he was prevented from presenting his side of the cause fully and fairly.  Britton v Gannon (Okla) 285 P2d 407, 55 ALR2d 667

Actual fraud characterized by an evil intent to take undue advantage of another person for the purpose of actually and knowingly defrauding him.  Flood v Templeton, 152 Cal 148, 92 P 78. [2]

1. Fraud that is collateral to the issues tried in the case in which the judgment was rendered and that constitutes grounds for setting aside the judgement; fraud that prevents a party from having a trial or from presenting his side of the case fully and fairly.  EXAMPLE: A party misrepresenting to the court that he had given his adversary notice of the action. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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