fraud (as by use of forged documents or false claims or perjury) that misleads a court or jury and induces a finding for the one perpetrating the fraud
situated within or belonging solely to the organ or body part on which it acts; "intrinsic muscles"
belonging to a thing by its very nature; "form was treated as something intrinsic, as the very essence of the thing"- John Dewey (同)intrinsical
something intended to deceive; deliberate trickery intended to gain an advantage (同)fraudulence, dupery, hoax, humbug, put-on
intentional deception resulting in injury to another person
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Intrinsic fraud is an intentionally false representation that goes to the heart of what a given lawsuit is about, in other words, whether fraud was used to procure the transaction. (If the transaction was fraudulent, it probably does not have the legal status of a contract.) Intrinsic fraud is distinguished from extrinsic fraud (a/k/a collateral fraud) which is a deceptive means of keeping a person from discovering and/or enforcing legal rights. It is possible to have both intrinsic and extrinsic frauds.
During a trial, perjury, forgery, and bribery of a witness constitute frauds that might have been relieved by the court. Such actions will usually lead to a mistrial being declared and after any penalties for the involved parties a new trial will take place on the same matter.
Two types of intrinsic fraud in contract law are fraud in the inducement and fraud in the factum.
Fraud in the factum is a legal defense, and occurs where A signs a contract, but either does not realize that it is a contract or does not understand the nature of the contract, because of some false information that B gave to A. For example, if John tells his mother that he is taking a college course on handwriting analysis, and for his homework, he needs her to read and sign a pretend deed. If Mom signs the deed believing what he told her, and John tries to enforce the deed, Mom can plead "fraud in the factum."
Fraud in the inducement is an equitable defense, and occurs when A signs a contract, knowing that it is a contract and (at least having a rough idea) what the contract is about, but the reason A signed the contract was because of some false information that B gave to A. For example, if John tells his mother to sign a deed giving him her property, Mom refuses at first, then John explains that the deed will be kept in a safe deposit box until she dies. If Mom signs the deed because of this statement from John, and John tries to enforce the deed prior to Mom's death, Mom can plead "fraud in the inducement."
See also
Extrinsic fraud
Fraud
Per minas
Scienter
Intrinsic Fraud reference [1][2]
References
^"Intrinsic Fraud". U.S. Legal .com.
^"Fraud". Dictionary: Find Law .com.
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intrinsic fraud n. an intentionally false representation (lie) which is part of the fraud and can be considered in determining general and punitive damages. This is distinguished from extrinsic fraud (collateral fraud) which was a deceptive ...
Intrinsic fraud refers to fraud in a party’s conduct of a prior litigation. It is deception that pertains to an issue involved in an original action. For example, fabricated evidence; perjured testimony. Intrinsic fraud goes to the heart of what ...
Intrinsic fraud is different than extrinsic fraud. What is extrinsic fraud? Extrinsic fraud involves the withholding of information or similar means that deprive a person of their rights to obtain evidence or enforce an action. The fraud