Legal Definitions - faint action

A faint action, also known as a feigned action, refers to a lawsuit or legal proceeding that appears to be a genuine dispute between opposing parties but is, in reality, a pretense. The parties involved may not have a true adversarial relationship or may be colluding to achieve a specific outcome that might be unlawful, fraudulent, or designed to mislead a court or a third party. Essentially, it's a legal action brought under false pretenses, lacking a genuine controversy.

Here are some examples to illustrate this concept:

• Example 1: Defrauding Creditors

  Imagine a business owner who is deeply in debt. To prevent legitimate creditors from seizing their assets, the owner might arrange for a close friend to file a lawsuit against them for a large, entirely fabricated debt. The business owner then "loses" the case, and a court judgment is entered in favor of the friend. This judgment could then be used to claim that the business's assets are already owed to the friend, thereby attempting to shield those assets from the actual creditors trying to collect their legitimate debts.

  Explanation: This illustrates a faint action because the lawsuit between the business owner and the friend is not a genuine dispute. They are colluding to create the appearance of a legitimate debt and judgment to defraud the business's real creditors, making the legal action a pretense.

• Example 2: Testing Legal Boundaries

  A large technology company is developing a new product feature that they suspect might face legal challenges regarding intellectual property rights. Instead of waiting for a real competitor to sue them, which could be costly and unpredictable, the company might arrange for a subsidiary or a friendly entity they control to file a lawsuit challenging the legality of this new feature. The company then "defends" the action, hoping to obtain a favorable court ruling that validates their product feature, thereby preempting future genuine lawsuits from actual competitors.

  Explanation: Here, the lawsuit is a faint action because there is no true adversarial conflict. The company and the "plaintiff" are cooperating to get a specific legal outcome (a favorable ruling) without the risks associated with a real, contested legal battle, using the court system to test or establish legal precedent under false pretenses.

• Example 3: Manipulating Property Ownership

  Two individuals, who are secretly partners, own a valuable piece of land. One partner files a lawsuit against the other, claiming sole ownership of the land based on a fabricated agreement. They then proceed through a seemingly contentious legal battle, culminating in a court order that formally transfers full ownership to the "winning" partner. This might be done to simplify the future sale of the property, avoid certain taxes, or to cut out a third party who has a legitimate claim to a share of the property.

  Explanation: This scenario exemplifies a faint action because the lawsuit is not driven by a genuine disagreement over ownership. The partners are colluding to use the court's authority to achieve a predetermined outcome (transfer of ownership) under the guise of a real dispute, potentially to manipulate property rights or evade obligations to others.