Legal Dictionary

fraus est odiosa et non praesumenda

Fraud / Litigation & Disputes / Fraudulent Misrepresentation

Fraud is hateful and not to be presumed.

The law does not presume that fraud must have been committed by any particular result of conduct. Fraud even in the modern context is a serious allegation in English Courts and must be supported by evidence to prove the fraudulent conduct. Whether or not a relevant misrepresentation or deceit has been satisfied is assessed on the balance of the probabilities. In cases of fraud, Court will require probative (good quality evidence) to sustain an allegation of fraud.


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Usage: The court refused to assume that due to the result of the conduct of the defendant, that the defendant defrauded the claimant, fraus est odiosa et non praesumenda.

Related Terms

fraudulent misrepresentation; fraudulent debtors; judgment debts; tort of deceit.


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