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NeCede's

Maxim 7.2.19

Fraud should be proved by clear tokens.

Source: 1 Story, Cont. s. 625; Code. 2, 21, 6; Weisman, 29d Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Fraud must be established by clear and convincing evidence, not mere suspicion — vague allegations of dishonesty are insufficient to set aside a transaction.

Where this applies

  • A wife accuses her business partner of fraud, but the court dismisses her claim because she offers only vague suspicions and no concrete evidence of dishonest dealing.
  • A buyer tries to rescind a home purchase by claiming fraud, but the judge requires clear proof — not just a bad feeling — that the seller deliberately hid the leaking roof.
  • A plaintiff's fraud lawsuit is thrown out because he cannot point to specific false statements, misleading documents, or other tangible evidence of deception.

Legal domains

Cite this maxim

NeCede Max. 7.2.19 — Fraud should be proved by clear tokens. — 1 Story, Cont. s. 625; Code. 2, 21, 6; Weisman, 29d

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