Fraud is always positive or intentional and distinguished from negligence.

Explanation

(English-origin maxim.) Fraud requires a deliberate act of deception — it is always affirmative and intentional, and must be distinguished from mere carelessness or negligence.

Where this applies

• A surgeon accidentally nicks an artery during a routine procedure — that is negligence, not fraud, because there was no intent to deceive.
• A bookkeeper who miscalculates a tax return by honest mistake is negligent, but one who deliberately falsifies numbers to steal money commits fraud.
• An insurance adjuster who carelessly undervalues a claim is negligent, but one who intentionally lowballs it to pocket the difference is committing fraud.