Define: Per Fraudem

“Per fraudem” is a Latin phrase that translates to “by fraud” in English. It is often used in legal contexts to describe actions or transactions that involve deceit, deception, or fraudulent behavior.

Per fraudem specifically refers to fraudulent actions or transactions that are carried out with the intention to deceive or defraud someone. It emphasizes the fraudulent nature of the act.

Engaging in per fraudem can have severe legal consequences. Depending on the jurisdiction and the specific circumstances, it may result in criminal charges, civil liability, fines, imprisonment, or other penalties.

Yes, both individuals and organisations can be involved in per fraudem. It can occur in various contexts, such as business transactions, financial dealings, insurance claims, or even personal relationships.

Proving per fraudem typically requires demonstrating that the accused party intentionally engaged in fraudulent behavior, such as making false representations, concealing information, or manipulating facts. Evidence, such as documents, witness testimonies, or expert opinions, may be crucial in establishing the fraudulent intent.

Yes, there are several defences that can be raised against allegations of per fraudem. These may include lack of intent to defraud, absence of material misrepresentation, mistake, duress, or coercion. The availability and success of these defences may vary depending on the specific circumstances of the case.

Yes, per fraudem can be considered a criminal offense in many jurisdictions. The severity of the offense and the corresponding penalties may vary depending on the specific laws and regulations of the jurisdiction.

Absolutely. Per fraudem can give rise to civil lawsuits, where the defrauded party seeks compensation for the damages suffered as a result of the fraudulent actions. The defrauded party may be entitled to financial restitution, punitive damages, or other remedies available under civil law.

Yes, there are statutes of limitations that determine the time within which a legal action for per fraudem must be initiated. The specific time limits vary depending on the jurisdiction and the nature of the fraud. It is important to consult with a legal professional to understand the applicable statute of limitations in your jurisdiction.

Yes, per fraudem can be a valid ground for nullifying a contract or agreement. If it can be proven that one party engaged in fraudulent behavior that influenced the other party’s decision to enter into the contract, a court may declare the contract void or voidable. The defrauded party may be entitled to rescission, restitution, or other appropriate remedies.