Fraud

[L. Fr. fraude; Lat fraus, dolus malm, dolus.^ Any cunning, deception or artifice, used to circumvent, cheat or deceive another; {pmnem callidiiatem,fallaciam, mackinationem ad circumveniendum, fallendum, decipiendum alterum adhihitam.) Big, 4.

8. 1. 2. Id. 2. 14. 7.

9. — Every kind of artifice made use of by one.person for the purpose of deceiving another; {toute espece d'artifice, dont quelque un se sert pour entromper un autre.) Pothier Traite des Oblig. part 1, c.

1, n. 28.

Both these definitions are quoted with approval by Mr. Justice Storv, who observes of the former, " This definition is, beyond doubt, sufficiently descriptive of what may be called positive, actual fraud, where there is an intention to commit a cheat or deceit upon another to his injury. But it can hardly be said to include the large class of implied or constructive frauds which are within the remedial jurisdiction of a court of equity. Fraud, indeed, in the sense of a court of equity, properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust or confidence justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another."

1 Story^s Equity Jur. % 187, See % JCen Vi Com. ^88, note.

The difficulty of giving any precise definition of fraud has been frequently admitted.

See observations of Ware, J, 8 Story's R. 611, 634.

See Jeremy's Equity Jurisd. 383, and the opinion of Lord Chancellor Hardwicke, in Chesterfield v. Janssen, in which the dififerent species of frauds against which equity will give relief, were classified.

2 Vesey, 125. White's Equity Cases, 344.