Extrinsic fraud is a type of fraud that prevents an individual from understanding or asserting their legal rights. This form of fraud can obstruct a person's ability to present their case in court, effectively denying them a fair opportunity to be heard. It typically involves actions that mislead or coerce a person, resulting in their failure to pursue legal remedies.
Extrinsic fraud is primarily encountered in civil law, particularly in cases involving contracts, property disputes, and family law. It can arise when one party deceives another, leading them to forgo legal action. Understanding extrinsic fraud is crucial for individuals who may have been misled or manipulated, as it can impact their ability to seek justice. Users can find legal templates on US Legal Forms to assist in navigating these situations effectively.
Here are a couple of examples of abatement:
Example 1: A landlord falsely claims that a tenant's lease has expired, preventing the tenant from asserting their rights to remain in the property. This misleading information constitutes extrinsic fraud.
Example 2: A business partner hides financial information from another partner, leading them to make uninformed decisions about the partnership. This act of deception can be classified as extrinsic fraud.
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Extrinsic fraud can lead to setting aside a judgment if proven. |
| New York | Requires clear evidence of intent to deceive for claims of extrinsic fraud. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Intrinsic Fraud | Fraud that occurs within the context of a legal proceeding. | Extrinsic fraud prevents a case from being heard, while intrinsic fraud occurs during the case. |
| Fraudulent Misrepresentation | False statements made to induce another party to enter a contract. | Extrinsic fraud specifically involves preventing legal action, whereas misrepresentation may not. |
If you believe you have been a victim of extrinsic fraud, consider taking the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by attorney and case complexity. |
| Jurisdiction | State and federal courts. |
| Possible Penalties | Potential for civil damages or case dismissal. |
Extrinsic fraud is a type of fraud that prevents a person from knowing their rights or presenting their case in court.