WHAT IN LAW IS FRAUD? WHEN CAN IT BE SAID THAT AN ACT IS A FRAUDULENT ACT?

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WHAT IN LAW IS FRAUD? WHEN CAN IT BE SAID THAT AN ACT IS A FRAUDULENT ACT? 

by Branham Chima. 

✓ ANSWER: 
Understanding the concept of fraud is essential in the realm of law. It raises crucial questions about what constitutes fraud and how it is defined within legal contexts. In the following exploration, we will delve into the multifaceted definition of fraud, examining its various aspects and implications within the framework of the law, as guided by case law. 

In All Progressives Congress v. Bashir Sheriff (2023) - SC/CV/1689/2022, delivered on Monday, the 6th Day Of February, 2023, the Supreme Court, per C.C. Nweze JSC, defining Fraud stated thus: ‘What then is fraud or what in law can amount to fraud? In law, fraud has simply been defined as an advantage gained by unfair means; a false representation of fact made knowingly, or without belief in its truth, or recklessly, not caring whether it is true or false. Fraud also means an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. It is also a false representation of a matter of fact whether by words or by concealment of that which should have been disclosed, which deceives another so he shall act upon it to his legal injury, Jowitt's Dictionary of English Law, Vol. 1, 2nd Edition, p. 827; Black’s Law Dictionary, 8th Edition, p. 660.’ 


✓ KEY POINTS: 
The key points, from the definition of Fraud above, are thus: 
1. Fraud, in the legal context, is the act of gaining an unfair advantage through deceptive or dishonest means. 
2. False Representation: It involves knowingly making false statements of fact, intentionally, without regard for their truth. 
3. Intentional Deception: Fraud includes deliberately distorting the truth with the aim of convincing someone to part with something valuable or surrender a legal right. 
4. Concealment: It also encompasses the act of hiding information that should have been disclosed, leading to deception and potential legal harm to another party. 

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