Fraud In The Inducement Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Fraud In The Inducement, written in plain English, along with examples of how it is used.
What is Fraud In The Inducement?
(n) Fraud in Inducement is the fraudulent act of influencing a person to do an activity which he otherwise would not have done unless for such inducement. Eg. Representing that it is mandatory as per the prevailing law to fix a particular accessory he sells.
History and Meaning of Fraud In The Inducement
Fraud in the inducement is a legal term used in different contexts that usually refers to a type of fraud that occurs when one party makes a false representation with the intention of leading another party to enter into a transaction or agreement. The key element of fraud in the inducement is the misrepresentation or material fact made to induce the other party to act in a way that they would not have otherwise acted. The concept of fraud in the inducement is rooted in the common law doctrine of fraud and has been recognized by courts in many jurisdictions.
In contract law, fraud in the inducement typically arises when one party makes a false representation or conceals a material fact that induces the other party to enter into a contract. The misrepresentation could relate to anything that would convince a reasonable person to enter into an agreement, such as the price, quality or availability of goods or services. In securities law, fraud in the inducement might refer to the use of false or misleading statements to persuade investors to purchase securities. In criminal law, fraud in the inducement could refer to a type of fraud in which a person uses deceitful tactics to obtain money or property from another person.
Examples of Fraud In The Inducement
A fraudulent investment advisor falsely represents to his client that an investment in a particular stock is a sure thing, and will provide guaranteed returns. Relying on this false representation, the client invests in the stock and loses all of her money.
A used car dealer conceals the fact that a car he is selling has been in a major accident, and instead tells the buyer that the car is in excellent condition. The buyer purchases the car based on the dealer's representation, only to discover later that the car has severe mechanical issues due to the undisclosed accident damage.
An individual offers to sell a rare stamp to a collector, knowing that the stamp is a forgery. The seller convinces the collector to buy the stamp based on its rarity, but the collector later discovers that the stamp is a fake.
Legal Terms Similar to Fraud In The Inducement
Fraud: Another legal concept dealing with misrepresentation that causes injury or damage to another party, fraud encompasses different types of deceptive conduct, including fraud in the inducement.
Negligent Misrepresentation: A type of misrepresentation that does not require proof of fraudulent intent, but rather involves a failure to exercise reasonable care or competence when making a false statement.
Duress: Duress involves a wrongful threat that induces a party to enter into an agreement under circumstances in which they would not have done so voluntarily.
Undue Influence: Similar to duress, undue influence occurs when one person uses their power or authority over another to pressure or manipulate that person into entering into an agreement.