extrinsic fraud

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extrinsic fraud

n. fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend against a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. Extrinsic fraud is distinguished from "intrinsic fraud," which is the fraud that is the subject of a lawsuit. (See: fraud, intrinsic fraud)

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It is correct that lack of jurisdiction over the subject matter or over the parties, and extrinsic fraud are the only grounds for which a Petition for Annulment of Judgment may be availed of.

Ensuring harmony

The celebrity doctor claimed that the failure of his former counsel to attend scheduled hearings for his presentation of evidence and his counsel's failure to inform him of the hearings and that his presence was required during the proceedings were tantamount to extrinsic fraud.

Meanwhile, in seeking the inhibition of the members of the Former Special Eight Division, Mendez argued that they had already prejudged the case by resorting to technicalities and making sweeping conclusions as to the absence of extrinsic fraud.

CA affirms prison term for celebrity doc Joel Mendez

2007), resolved the conflict concerning intrinsic versus extrinsic fraud based upon the misrepresentation or false testimony of the wife that the husband was the father of children born during the marriage.

The presumptions of Privette: have they perished with the coming of Daniel and disestablishment of paternity?

explains: "The courts in British Columbia have maintained a strict approach to the defense of fraud, holding that only extrinsic fraud can be raised as a defense in defense of the enforcement of a foreign judgment.

In case seeking enforcement of New York District Court judgment, British Columbia Court of Appeal holds that defense may not raise plea of fraud to overcome enforcement of foreign judgment unless it shows that fraud claim is based on new and material facts which defendant could not have discovered by exercise of due diligence prior to date of foreign judgment

The extent to which evidence of intrinsic fraud can act as a defense to the recognition of a judgment has not been as clear as that of extrinsic fraud." [45]

Rejecting defenses of fraud, ordre public, and denial of justice, Supreme Court of Canada rules 6 to 3 that Canadian courts should enforce substantial default judgment against Canadian defendants in litigation over their Florida land

In that instance, any misrepresentation materially affecting the risk (extrinsic fraud) could be proved by the evidence because the answer in the application was that the child was in good health.

"Best knowledge and belief"

On whether or not the SC has the power to review a judgment of impeachment and conviction by the Congress, Santiago believes the high tribunal could give due course to a petition for review on certiorari "on the ground of extrinsic fraud, which was committed outside the narratives of the trial."