Bedrog
Fraud
Fraud is the intentional deception of a counterparty in order to induce it to perform a juridical act. It constitutes a ground for annulment of the contract.
Fraud constitutes a defect of consent in Dutch civil law and is governed by Article 3:44 of the Dutch Civil Code. It arises where a party has been induced by cunning devices or deliberate deception to perform a legal act that it would not otherwise have performed, or would not have performed on the same terms.
This defect of consent is significant because it entitles the aggrieved party to avoid the legal act, provided the fraud was decisive in the conclusion of the contract. It safeguards freedom of contract against unfair practices and prevents abuse of trust.
In practice, fraud commonly arises where misleading information is provided in the sale of goods or services; in such cases the aggrieved party may seek avoidance of the contract together with an award of damages.
“The buyer sought avoidance of the purchase agreement on the ground of fraud, as the seller had intentionally concealed the fact that the property had a serious structural defect.”
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