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http://scdivorcelaw.com/wp-content/uploads/2009/08/Intrinsic-and-Extrinsic-Fraud-Article-00027427.PDF
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INTRINSIC FRAUD
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RECOGNIZE
&
UTILIZE
THE DISTINCTION
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FRAUD UPON THE COURT BY AN ATTORNEY
WHETHER INTRINSIC OR EXTRINSIC
CAN BE USED TO SET ASIDE A
PRIOR JUDGMENT
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AS LONG AS INTRINSIC FRAUD IS RELEVANT
OR CAN BE USED TO
ATTACK A WITNESSES CREDIBILITY
ON CROSS-EXAMINATION
SUCH FRAUD IS CLEARLY ADMISSABLE
IN THE ORINGAL ACTION
MISREPRESENTATION ABOUT PARENTAGE IS INTRINSIC FRAUD
INTRINSIC FRAUD IS PERJURY AND FALSE TESTIMONY
- INTRINSIC FRAUD MAY NOT
BE USED TO SET ASIDE A JUDGMENT
UNLESS
IT WAS
MISREPRESENTATION
BY AN
ATTORNEY
- MISREPRESENTATION
- A false statement or concealment of a material fact made with
the intention of inducing some action by another party.
- A court will grant relief in the form of damages or rescission
if the misrepresented fact is material to the transaction.
- Misrepresentation can be an affirmative statement,
such as "This house does not have termites."
- However, if the person making the representation possesses some superior knowledge,
then the representation, even though opinion, is treated as fact.
If a builder, for instance, says, The foundation appears to be properly laid, he or she may be
liable if in fact it is not.
- It can also be a concealment of a material fact known to one party who
knows the fact is not reasonably ascertainable by the other party.
- OPINIONS REPRESENTED
BY PROFESSIONALS
IS CONSIDERED FACT
- FALSE STATEMENT
- CONCEALMENT; OMISSION
- RELIEF IN THE FORM OF DAMAGES
OR RECISSION
- FACT MATERIAL TO
THE TRANSACTION
- MATERIAL FACT
- Material facts are the facts that have
a direct effect on the decision or that
refer to the legal relationships between
the parties.
- A material fact is a fact that would be to a reasonable person germane to the
decision to be made as distinguished from an insignificant, trivial or unimportant
detail. In other words, it is a fact which expression (concealment) would reasonably
result in a different decision. Falsification of a material fact in such a manner that,
had the insurance company known the truth, it would not have insured the risk.
Misrepresentation of a material fact gives an insurance company grounds to rescind
a contract. If material facts about the investment property lying in a floodplain
had been communicated to the buyer, he would not have bought.
- If a person would have done something regardless of other
circumstances, or if a train of action, habit, or usual practice
would have occurred regardless of other circumstances, then
those other circumstances are not material. But if the person
only acted because those circumstances existed, or the usual
way of doing things occurred because the circumstances
required them to be such, then the circumstances can be seen
as material facts for the case.
For example: Say that a person used email to send a contract
to someone. Specific terms of the contract are in dispute, not its
time of arrival or its method of delivery. As such, the method of
sending the contract is not a material fact. However, if the
plaintiff were complaining that the contract did not arrive in time,
or in a readable format, then the method of delivery may well
suddenly be material to the case.
- MALPRACTICE
- ELEMENTS OF MALPRACTICE:
DUTY
BREACH
CAUSATION
DAMAGES
- ACTION
- INACTION
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EXTRINSIC FRAUD
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