The Legitimate Government in Hawaii Series: United States Fraud about Hawaii's Annexation
The Legitimate Government in Hawaii Series: United States Fraud about Hawaii's Annexation
Reviewed by Amelia Gora (2024)
The Fraud Claim to Annexation of Hawaii 'vitiates all claims/contracts'
see:
The leading case precedent for the principle "fraud vitiates all claims" is "United States v. Throckmorton" from the US Supreme Court, which established that fraud can invalidate even a final judgment if the fraud was "extrinsic" or collateral to the original case, meaning it prevented the opposing party from fully presenting their case during the initial proceedings; essentially stating that fraud can undermine the integrity of any legal action, including a judgment, if proven to be significant enough.
Key points about "fraud vitiates all claims":
Meaning:
This legal maxim means that when fraud is present in a transaction or legal proceeding, it renders the entire agreement or judgment voidable, as if it never existed.
Application:
This principle applies to contracts, legal judgments, and other legal actions where fraudulent conduct is discovered.
"Extrinsic fraud":
To successfully challenge a judgment based on fraud, the complaining party must demonstrate that the fraud was "extrinsic" or outside the scope of the original litigation, preventing them from adequately defending their case.
UNITED STATES v. THROCKMORTON. | Supreme Court
499: 'Fraud vitiates every thing, and a judgment equally with a contract; that is, a judgment obtained directly by fraud, and not ...
Law.Cornell.Edu
Supreme Court of the United States
Hartford- Empire Co., 322 US 238 (1944)). "There is no question of the general doctrine that fraud vitiates the most solemn contra...
Supreme Court of the United States
United States v. Throckmorton | 98 U.S. 61 (1878)
98 U.S. 61 * It is essential to a bill in chancery on behalf of the United States to set aside a patent for lands or the final co...
Justia U.S. Supreme Court Center
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Vitiates meaning:
In law, the word vitiate means to make something legally ineffective or invalid, or to void or make something voidable. For example, a statute that vitiates a contract makes at least one of the contract's provisions void.
Here are some examples of vitiate in a legal context:
A new law that limits the price of goods a company can charge a supplier for vitiates the part of the contract that sets the original price.
Fraud is said to vitiate a contract.
Crossing one's fingers while making a promise is an effective way to vitiate an agreement.
Synonyms of vitiate include invalidate and void. The word comes from the Latin noun vitium, which means "fault" or "vice".
vitiate | Wex | US Law | LII / Legal Information Institute
Vitiate is the act of impairing or voiding the effect of something else. Thus, a statute that vitiates a contract has the effect o...
Law.Cornell.Edu
VITIATE Definition & Meaning - Black's Law Dictionary
The Law Dictionary
Vitiate - Oxford Reference
(Latin vitiatus, vitiare, to make faulty, injure, spoil, corrupt) To vitiate (pronounced vish-ee-ate) is to render legally ineffec...
Oxford Reference
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Featured snippet from the web
Definition and Citations:To impair; to make void or voidable; to cause to fail of force or effect; to destroy or annul, either entirely or in part, the legal efficacy and binding force of an act or instrument; as when it is said that fraud vitiates a contract.
There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments. There is also no question that many ...
Fraud
In law, fraud is the intentional use of deceit to deprive someone of a legal right or gain an unfair advantage. It can be a civil or criminal wrong, and can involve:
Concealment of a material fact
Misrepresenting the truth
Violation of trust
Failing to disclose a known mistake
Using trust funds for personal gain
Hiding evidence or misleading an opposing party
Fraud can be committed to obtain money, property, or services, or to avoid payment or loss of services.Victims of fraud can sue the perpetrator for damages, including punitive damages.The perpetrator may be prosecuted and imprisoned by the government.
Fraud can be intentional or negligent.For example, in California, a false promise is only considered fraudulent if the promisor intended the promisee to rely on it, and the promisee was harmed as a result.
fraud | Wex | US Law | LII / Legal Information Institute
Fraud is both a civil tort and criminal wrong. In civil litigation, allegations of fraud might be based on a misrepresentation of ...
Law.Cornell.Edu
Fraud - Wikipedia
In law, fraud is intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud...
Wikipedia
Search Legal Terms and Definitions - Legal Dictionary | Law.com
n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal rig...
Legal Dictionary | Law.com
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Featured snippet from the web
As usually applied under State laws, the term “fraud or dishonesty” encompasses such matters as larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction, wrongful conversion, willful misapplication or any other fraudulent or dishonest acts resulting in financial loss.
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