Maxim 7.2.2
Fraud is odious and is not to be presumed.
Fraus est odiosa et non praesumenda.
Source: Cro. Car. 550; Jackson, No. 296; Weisman, 29s
Difficulty 1/5 — Foundational
Explanation
The law does not presume fraud but requires it to be proved by clear evidence — yet once proved, every presumption turns against the wrongdoer.
Where this applies
- Can the court just assume someone committed fraud without evidence?
- The other party is accusing me of fraud but hasn't provided any proof.
Topics
See also
Cite this maxim
NeCede Max. 7.2.2 — Fraud is odious and is not to be presumed. — Cro. Car. 550; Jackson, No. 296; Weisman, 29s (Fraus est odiosa et non praesumenda.)
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