Also known as: by fraud · through fraud
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase denoting that conduct or a transaction was carried out through fraudulent means.
Pedro Pacheco approached a homeowner and claimed he was a city inspector needing to check the basement for code violations. The homeowner unlocked the door and allowed him inside. Once inside, Pedro removed valuables and fled. The entry satisfied the breaking element because the homeowner's consent was obtained by the false claim.
Portia Price told the owner of a rural parcel that she held a court order authorizing immediate access for a survey. The owner permitted her to enter based on that representation. Portia remained on the land after the owner discovered the statement was false. The entry remained trespassory because the consent rested on the misrepresentation.
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Pablo Perez told his elderly uncle that the nephew's business had failed and the uncle's other relatives planned to place him in a nursing home. The uncle then executed a new will leaving his estate to Pablo. The will was procured by fraud because the statements were knowingly false and caused the uncle to change his disposition.
Paul Peterson told his sister that regulators would seize her assets unless she immediately placed them in a trust naming him as trustee. She executed the trust instrument that evening. The trust was void to the extent its creation was induced by the false statements.
Phoebe Park told the resident she was delivering a package from a family member and needed to place it inside the front door. The resident allowed her to step inside. Once inside, Phoebe took jewelry from a table. The entry amounted to a trespass because the consent was procured by the false delivery claim.
Pierce Patterson told the owner of a rare watch that he was a licensed appraiser who needed to examine it under bright light in the next room. The owner handed over the watch. Pierce immediately left the premises with it. The taking constituted a dispossession because possession was obtained by the false representation.
Consent obtained by fraud does not prevent the entry from constituting a trespassory breaking. The false statement vitiates the consent, allowing the prosecution to prove the breaking element even though the occupant unlocked the door.
A donative transfer procured by a knowingly or recklessly false representation about a material fact is invalid when the representation was intended to and did cause the donor to act differently than he otherwise would have acted.
A trust is void to the extent its creation was induced by fraud. Statements that knowingly misrepresent facts to overcome the settlor's free will and cause execution of the trust instrument render the trust invalid.
Consent induced by fraud or mistake as to the validity of purported legal authority does not protect the entrant from liability for trespass. The misrepresentation renders the consent ineffective.
…242. Unfairness in competition has been predicated of acts which lie outside the ordinary course of business and are tainted by fraud, or coercion, or conduct otherwise prohibited by law.[^maj-10] Id. , p. 258. But it is evident that in its widest range, "unfair competition," as it has been understood in the law, does…