Maxim 7.2.24
He acts in fraud of the law who, though the letter of the law being inviolate, uses the law contrary to its intention.
Source: Dig. 1, 3, 29; Weisman, 29q
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) One who technically complies with the letter of a law while deliberately subverting its purpose commits fraud upon the law and will be treated as a violator.
Where this applies
- A corporation structures a transaction to technically comply with tax law while completely defeating its purpose — the court treats this as fraud on the law.
- A landlord exploits a loophole in rent-control regulations to effectively raise rent far beyond what the law intended to allow.
- A developer follows the letter of a zoning ordinance but arranges the project to circumvent its obvious purpose of preserving green space.
Legal domains
Cite this maxim
NeCede Max. 7.2.24 — He acts in fraud of the law who, though the letter of the law being inviolate, uses the law contrary to its intention. — Dig. 1, 3, 29; Weisman, 29q
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