Fraudulent Entry for Burglary
Fatou Fall tells the homeowner she is a city inspector needing to check the furnace. Once inside the dwelling at night, she steals jewelry. The entry satisfies the breaking element because it was procured by fraud.
Also known as: frauds · fraudulent · fraudulently · fraudare · fraude · fraus · fraus legis · fraudulent conveyance
Written by attorneys · grounded in primary & secondary sources — see below
An intentional misrepresentation of a material fact or concealment of truth made knowingly to induce another to act, resulting in detriment to the relying party.
Fatou Fall tells the homeowner she is a city inspector needing to check the furnace. Once inside the dwelling at night, she steals jewelry. The entry satisfies the breaking element because it was procured by fraud.
Farid Farahani sells a home and promises in the contract to repair the roof. At closing the buyer accepts the deed containing no repair promise. After discovering the seller knew the roof was defective and concealed it, the buyer may still sue for fraud despite merger.
Faith Fitzgerald sues her broker alleging the broker falsely stated an investment was fully insured. The complaint must describe the exact statements, the broker's knowledge of falsity, and the dates of the misrepresentations rather than offering only conclusory allegations.
Select any source to read its text and confirm it supports the definition.
Felix Franco's client asks him to structure a real-estate deal that the client admits will conceal assets from creditors. After discussing the limits of assistance, the client persists. The lawyer must withdraw because continued representation would further the client's fraud.
Francesca Fowler orally agrees to rent an apartment for eleven months. Because the term does not exceed the period in the controlling statute of frauds, the lease creates a valid landlord-tenant relationship even without a writing.
Freya Freeman forms a corporation with minimal capital, commingles personal and corporate funds, and uses the entity to sell nonexistent inventory to investors. Creditors may pierce the veil because the corporation was used to perpetrate fraud.
The plaintiff must show a false representation of material fact, knowledge of falsity or reckless disregard, intent to induce reliance, justifiable reliance by the plaintiff, and resulting pecuniary loss.
Supporting sources
No. Merger discharges contractual promises not embodied in the deed, but claims based on fraud survive because the doctrine expressly excepts fraud.
A lawyer must withdraw if the client persists in using the lawyer's services to commit or further a crime or fraud after the lawyer has discussed the limitations on assistance.
A party must state with particularity the circumstances constituting fraud, including the who, what, when, where, and how of the misrepresentations, though intent may be alleged generally.
Yes. Gaining entry by fraud, threats, or intimidation constitutes constructive breaking even without physical force.
…Standards." Listed among the classes of advertising that the newspaper does not accept are advertisements that are "fraudulent or deceptive," that are "ambiguous in wording and . . . may mislead," and that contain "attacks of a personal character." In replying to respondent's interrogatories before the trial, the…