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Simple English definitions for legal terms
extrinsic fraud
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A quick definition of extrinsic fraud:
Extrinsic fraud is when someone tricks or lies to another person outside of the situation, which causes them to miss important information or not be able to participate fairly. This often happens in legal cases or contracts. Courts can use their power to fix extrinsic fraud, like when someone lies to make the other person not contest the case or doesn't let them get a lawyer. To prove extrinsic fraud, the person who was tricked must show that the other person lied on purpose.
A more thorough explanation:
Definition: Extrinsic fraud is when someone deceives or misrepresents information outside of the event itself, which causes the victim to lose out on important information or participation. This type of fraud often happens in contract disputes and civil actions. It is different from intrinsic fraud, which happens within the event itself.
Examples:
- Inducing someone not to contest an action by lying about the facts and promising to settle the action (Aheroni v. Maxwell)
- Filing a false return of summons (County of San Diego v. Gorham)
- Tricking someone into not hiring an attorney by saying they won't sue (Department of Industrial Relations v. Davis Moreno Construction, Inc.)
These examples show how extrinsic fraud can happen outside of the event itself and can cause someone to lose out on important information or participation. In each case, the victim was deceived or misled in some way, which caused them harm. To prove extrinsic fraud, a plaintiff must show that the defendant intentionally deceived them and caused them harm.