vitiating fraud
[ˈvɪʃieɪtɪŋ frɔːd]
nounpl: vitiating frauds
fraude viciadora
1. A type of fraud that is so serious it nullifies or invalidates a contract or legal agreement from its inception, rendering it void rather than merely voidable
The court found that the defendant's intentional misrepresentation constituted vitiating fraud, making the entire contract void ab initio.
O tribunal constatou que a falsificação intencional do réu constituía fraude viciadora, tornando todo o contrato nulo desde o início.
2. Fraud that goes to the root of consent or agreement, vitiating the plaintiff's will to enter into the contract
Vitiating fraud differs from non-vitiating fraud in that it completely undermines the validity of the agreement.
A fraude viciadora difere da fraude não viciadora porque invalida completamente o acordo.
This is a technical term primarily used in common law jurisdictions (USA, UK, Commonwealth nations) and has been adopted into Brazilian legal discourse. The concept is particularly important in contract law and commercial disputes, where courts must distinguish between fraud that invalidates an agreement entirely versus fraud that only gives grounds for rescission. The term reflects the importance of contractual integrity in Anglo-American legal tradition.
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