Book Description

Excerpt from Kerr on Fraud and Mistake: Including the Law Relating to Misrepresentation Generally, Under Influence, Fiduciary Relations, Constructive Notice, Specific Performance, &C However diftieult it may be to define what fraud is in all eases. It is easy to point out some at the elements which must neeessarilv exist before a partv eaa ltt' said to have been defrauded. In the first plaee. It is essential that the means used should he sueeeasful in -eeiviag. However false and dishonest the artifiees or eontrivanaea may he liv whieh one man mav attempt to iatiaee another to eontraet, they do not constitute a fraud it that other known the truth and sees through the artiliees or devieee. And enim (it'eipititr qui u'it 'l' lll'l'lilili. Next. There ean ltt' no fraud without an intention to deceive. Tlamgh the motive is immaterial t't). This at least in true as regards an aetioa oi' deeeit whieh ean only he supported lrv a fraudulent is distinguished from a negligent misrepresentin that (it. An honest blunder in the use at language is not dishonest and unless there is a dutv to lie earetul it is not lt'littlttllllt' (j). Llut a atatetuent reelilesalv made lit' a person under a duty to he reasoaahlv eareful in what he save and intended to he aeted on will give rise to aa aetian for damages (k). There are. However. Maav eases. An we shall presentlv see. Where reliel is granted on the ground of trand or tuisl'epreaentation. Though there is no moral eulpaliility not anv intention to deeeive. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.