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Fraud


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Last updated: 06-Oct-2014

Per Lord Hardwicke in The Right Honourable the Earl of Chesterfield and Others, Executors of the Honourable John Spencer, Esq versus Sir Abraham Jansen, Knt [1799] EngR 492; (1799) 1 Wils KB 286, Hilary Term, 24 Geo II, 1750, at p.295:

To take advantage of another man’s necessity is equally bad as taking advantage of his weakness or ignorance. … All contracts must be bona fide, there must be no malus dolus; contracts with young heirs and reversioners are generally compounded of the topics of fraud presumed or implied, from weakness and necessity on one side, avarice and imposition on the other.


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