Legal Definitions - feigned action

A feigned action refers to a lawsuit or legal proceeding that is initiated based on a false or fabricated claim, with the true intention being to achieve an improper or unlawful ulterior purpose, rather than to genuinely resolve the stated legal dispute.

Essentially, the legal claim itself is a pretense, used as a tool to accomplish something else that is often deceptive, fraudulent, or otherwise illegitimate.

• Example 1: Evading Creditors

  Imagine a person named Robert who owes a significant amount of money to a legitimate bank. To prevent the bank from seizing his assets, Robert conspires with his friend, Lisa, to have Lisa file a lawsuit against him. Lisa claims Robert owes her an even larger, entirely fabricated sum for a "failed business venture." Robert then intentionally "loses" this lawsuit, allowing Lisa to obtain a judgment against him. This makes it appear as though Robert's assets are already encumbered by Lisa's judgment, thereby attempting to shield them from the bank's actual, legitimate claim.

  This illustrates a feigned action because Lisa's lawsuit is based on a pretended right (Robert doesn't actually owe her money). The illegal purpose is to defraud the bank by making Robert's assets unavailable to his real creditors.

• Example 2: Circumventing a Contractual Obligation

  Consider two business partners, Sarah and Tom, who wish to dissolve their partnership. Their existing partnership agreement contains a clause that would require a very expensive buyout if either partner initiates the dissolution. To avoid this costly clause, they agree that Sarah will file a lawsuit against Tom, alleging a minor, fabricated breach of contract. They then use this "lawsuit" as a pretext to negotiate a partnership dissolution on different, more favorable terms, bypassing the original agreement's expensive provision.

  Here, Sarah's lawsuit is a feigned action because her claim of a breach of contract is a pretended right; no actual breach occurred. The improper purpose is to circumvent a legitimate contractual obligation through deception, rather than to genuinely resolve a dispute over a breach.

• Example 3: Maliciously Damaging Reputation

  A disgruntled former employee, Mark, wants to harm the reputation of his previous employer, "Tech Innovations Inc." Mark files a lawsuit against the company, alleging a completely false claim of workplace harassment and discrimination, even though he knows there is no evidence to support his allegations. His true intention is not to win the case, but to generate negative publicity for Tech Innovations Inc. by having news outlets report on the lawsuit and its allegations, thereby damaging the company's public image and business prospects.

  This is a feigned action because Mark's lawsuit is based on a pretended right (the claims of harassment and discrimination are fabricated). The unlawful purpose is to maliciously damage the company's reputation through the legal process, rather than to seek justice for a genuine wrong.