{"id":13003,"date":"2018-02-04T23:51:43","date_gmt":"2018-02-04T23:51:43","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13003"},"modified":"2018-02-08T05:19:14","modified_gmt":"2018-02-08T05:19:14","slug":"extrinsic-fraud-intentional-misrepresentation-or-deceptive-behavior-which-deprives-an-affected-party-of-informed-consent-full-participation-or-due-process","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13003","title":{"rendered":"Extrinsic Fraud – intentional misrepresentation or deception which deprives someone(s) of informed consent, full participation, or due process"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help Walkthrough<\/a> >>>> Types of Crimes and Corresponding Laws<\/a> >>>> Fraud<\/a> >>>> Various Types of Fraud<\/a> >>>> Actual Fraud<\/a>:<\/span>
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extrinsic fraud<\/span>:<\/span>
\n<\/strong>(1851)<\/span><\/p>\n

1. Fraud that is collateral to the issues being considered in the case; specifically, intentional misrepresentation or deceptive behavior outside <\/strong>the transaction itself (whether a contract or a lawsuit), depriving one party of informed consent or full participation.\u00a0 *\u00a0 For example, a person might engage in extrinsic fraud by convincing a litigant<\/a> not to hire counsel or answer by dishonestly saying the matter will not be pursued.<\/strong> \u2014 aka collateral fraud<\/strong><\/em><\/span>.\u00a0 <\/span><\/p>\n

2. Fraud that prevents a person from knowing about or asserting certain rights.<\/strong>\u00a0 Cf. intrinsic fraud. [1]<\/span><\/p>\n

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.\u00a0 30A Am J Rev ed Judgm \u00a7 657<\/span>.\u00a0 <\/strong><\/span><\/p>\n

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.\u00a0 Farley v Davis<\/em>, 10 Wash 2d 62, 116 P2d 263, 155 ALR 1302<\/span>.\u00a0 <\/strong><\/span><\/p>\n

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.\u00a0 Britton v Gannon<\/em> (Okla) 285 P2d 407, 55 ALR2d 667<\/span>.\u00a0 <\/strong><\/span><\/p>\n

Actual fraud<\/a> characterized by an evil intent to take undue advantage of another person for the purpose of actually and knowingly defrauding him.\u00a0 Flood v Templeton<\/em>, 152 Cal 148, 92 P 78<\/span>.<\/strong> [2]<\/span><\/p>\n

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.\u00a0 EXAMPLE: A party misrepresenting to the court that he had given his adversary notice of the action.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/b><\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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