Legal Definitions - per fraudem

Per fraudem is a Latin legal phrase that translates to "by fraud" or "fraudulently." It describes an action or a situation that has been brought about through deceit, trickery, or intentional misrepresentation. Essentially, it refers to something accomplished through dishonest means with the intent to deceive or gain an unfair advantage.

Here are some examples to illustrate the concept of "per fraudem":

• Example 1: Deceptive Business Practices

  A contractor submits a bid for a construction project, knowingly including inflated costs for materials and labor that are far above market rates, while falsely claiming these are standard prices. The intent is to secure a higher payment than deserved.

  Explanation: The contractor's action of submitting a bid with deliberately false and inflated costs was done per fraudem. They used deceit (misrepresenting actual costs) to trick the client into agreeing to an unfairly high price, thereby gaining an advantage through fraudulent means.

• Example 2: Evading Legal Obligations

  An individual who owes a significant amount of money to a creditor secretly sells their only valuable piece of property to a friend for a nominal sum, just before a court judgment is issued against them. The agreement with the friend is that the property will be returned after the legal proceedings are over.

  Explanation: The sale of the property was conducted per fraudem. It was a deceptive maneuver designed to hide assets from the creditor and prevent them from collecting the debt, thus fraudulently evading a legal financial obligation.

• Example 3: Manipulating a System

  During an application process for a competitive scholarship, a candidate fabricates academic achievements and community service hours on their resume and supporting documents to appear more qualified than they actually are.

  Explanation: The candidate's submission of false information was done per fraudem. They used deceit (creating fictitious achievements) to manipulate the scholarship selection process and gain an unfair advantage over other applicants, hoping to secure the scholarship through fraudulent misrepresentation.