Fraud, Constructive in Europe
Definition of Fraud, Constructive
Cases in which equity gives relief against acts and contracts, although untainted by any actual evil design, on the ground of general public policy or on some fixed policy of the law. They fall under three main heads : (1) Contracts which no man in his right senses would make (James v. Morgan, 1 Lev. 111). (2) Contracts which it is against conscience to enforce as taking advantage of the weakness or necessities of another; e.g., a catching bargain (q.v.). (3) Underhand bargains tending to the prejudice of third parties, e.g., marriage brocage contracts, fraudulent preference, etc. (Lord Hardwicke in Chesterfield v. Janssen (q.v.).)
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Definition of Fraud, Constructive is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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