Fraud serve as a Defense in a Civil Action

Fraud may serve as a defense in a civil action for breach of contract or specific performance of contract. In cases of a fraudulently induced contract Fraud may serve as a basis for a court to invoke its equitable jurisdiction. In common law jurisdictions, as a criminal offence, fraud takes many different forms, some general Fraud (e.g.theft by false pretense) and some specific Fraud to particular categories of victims or misconduct ( fraud, forgery.

The elements of fraud as a crime similarly vary. The requisite elements of perhaps most general form of criminal fraud, theft by false pretense, fraud are the intentional deception of a victim by false representation.fraud is pretense with the intent of persuading the victim to part with property.fraud is with the victim parting with property in reliance on the representation.fraud is pretense and with the perpetrator intending to keep the property from the victim.

Criminal Code provides the general definition for fraud: Every one who, by deceit, falsehood or other fraud means, whether or not it is a false pretence within the meaning of fraud, defrauds the public or any person, whether ascertained or not, of any property.fraud is guilty of an indictable offence and liable to a term of imprisonment, where the fraud is subject-matter of the offence is a testamentary instrument or fraud is the value of the subject-matter of the offence exceeds or fraud is of an indictable offence and is liable to imprisonment for a term.and therefore fraud is of an offence punishable on summary conviction,where the fraud is value of the subject-matter of the offence does not exceed.fraud can also make a restitution order.


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