Paternity Fraud Dictionary

BIG ONE FOR VICTIMS===============================
confidential relation
n. a relationship in which one person has confidence in and relies on 
another because of some combination of a history of trust, older age, 
family connection and/or superior training and knowledge, to a point 
where the party relied upon dominates the situation, for good or bad. 
While it may include attorney and client, stockbroker and customer, 
real estate agent and buyer, a senior family member and an 
unsophisticated relative, the relationship is defined on a case-by-
case basis, with reliance and dominance the key factors. In this 
situation, the trusting party does not have to be as vigilant or 
suspicious as with strangers or people who are not relied upon. The 
time clock (statute of limitations) to bring a lawsuit against a 
crook who is in a confidential relationship may not start to run 
until the misdeeds become extremely obvious.
constructive fraud
n. when the circumstances show that someone's actions give him/her an 
unfair advantage over another by unfair means (lying or not telling a 
buyer about defects in a product, for example), the court may decide 
from the methods used and the result that it should treat the 
situation as if there was actual fraud even if all the technical 
elements of fraud have not been proven.
paternity suit
n. a lawsuit, usually by a mother or child support enforcement, to 
prove that a named person is the father of her child (or the fetus 
she is carrying). Evidence of paternity may include blood tests 
(which can eliminate a man as a possible father), testimony about 
sexual relations between the woman and the alleged father, evidence 
of relationship of the couple during the time the woman became 
pregnant, admissions of fatherhood, comparison of child in looks, eye 
and hair color, race and, increasingly, DNA evidence. In addition to 
the desire to give the child a known natural father, proof of 
paternity will lead to the right to child support, birthing expenses 
and the child's inheritance from his father. The threat of a 
paternity suit against a man married to another woman may lead to a 
prompt and quiet settlement.
n. a person who receives payment for sex or other sexual acts, 
generally as a regular occupation. 
extrinsic fraud
n. fraudulent acts which keep a person from obtaining information 
about his/her rights to enforce a contract or getting evidence to 
defend against a lawsuit. This could include destroying evidence or 
misleading an ignorant person about the right to sue. Extrinsic fraud 
is distinguished from "intrinsic fraud," which is the fraud that is 
the subject of a lawsuit.
intrinsic fraud
n. an intentionally false representation (lie) which is part of the 
fraud and can be considered in determining general and punitive 
damages. This is distinguished from extrinsic fraud (collateral 
fraud) which was a deceptive means to keeping one from enforcing 
his/her legal rights.
legal fiction
n. a presumption of fact assumed by a court for convenience, 
consistency or to achieve justice. 
n. a person who intentionally lies while under an oath administered 
by a notary public, court clerk or other official, and thus commits 
the crime of perjury. A perjurer may commit perjury in oral testimony 
or by signing or acknowledging a written legal document (such as an 
affidavit, declaration under penalty of perjury, deed, license 
application, tax return) knowing the document contains false 
n. the crime of intentionally lying after being duly sworn (to tell 
the truth) by a notary public, court clerk or other official. This 
false statement may be made in testimony in court, administrative 
hearings, depositions, answers to interrogatories, as well as by 
signing or acknowledging a written legal document (such as affidavit, 
declaration under penalty of perjury, deed, license application, tax 
return) known to contain false information. Although it is a crime, 
prosecutions for perjury are rare, because a defendant will argue 
he/she merely made a mistake or misunderstood.
n. the crime of misstating facts to obtain money, goods or benefits 
of another to which the accused is not entitled. Examples: a person 
a) falsely claims to represent a charity to obtain a donation which 
he/she keeps; b) says a painting is a genuine Jackson Pollock when it 
is a fake and thus is able to sell it for a price much greater than 
its true value. Misrepresentation is also called "false pretenses."
false pretenses
n. the crime of knowingly making untrue statements for the purpose of 
obtaining money or property fraudulently. This can range from 
claiming zircons are diamonds and turning back the odometer on a car, 
to falsely stating that a mine has been producing gold when it has 
not. It is one form of theft.
n. 1) every legal document filed in a lawsuit, petition, motion 
and/or hearing, including complaint, petition, answer, demurrer, 
motion, declaration and memorandum of points and authorities (written 
argument citing precedents and statutes). Laypersons should be aware 
that, except possibly for petitions from prisoners, pleadings are 
required by state or federal statutes and/or court rules to be of a 
particular form and format: typed, signed, dated, with the name of 
the court, title and number of the case, name, address and telephone 
number of the attorney or person acting for himself/herself (in pro 
per) included. 2) the act of preparing and presenting legal documents 
and arguments. Good pleading is an art: clear, logical, well-
organized and comprehensive.
n. in law, a written pleading filed by a defendant to respond to a 
complaint in a lawsuit filed and served upon that defendant. An 
answer generally responds to each allegation in the complaint by 
denying or admitting it, or admitting in part and denying in part. 
The answer may also com- prise "affirmative defenses" including 
allegations which contradict the complaint or contain legal theories 
(like "unclean hands," "contributory negligence" or "anticipatory 
breach") which are intended to derail the claims in the complaint. 
Sometimes the answer is in the form of a "general denial," denying 
everything. The answer must be in typed form, follow specific rules 
of pleading established by law and the courts, and be filed with the 
court and served on the defendant within a specific statutory time 
(e.g. 20 or 30 days after service of the complaint). If the complaint 
is verified as under penalty of perjury, the answer must be also. 
There is a fairly steep filing fee for each defendant filing an 
answer. In short, if served a complaint, one should see a lawyer as 
soon as possible to prevent a default judgment.
general denial
n. a statement in an answer to a lawsuit or claim by a defendant in a 
lawsuit, in which the defendant denies everything alleged in the 
complaint without specifically denying any allegation. It 
reads: "Defendant denies each and every allegation contained in the 
complaint on file herein," or similar inclusive language.
See also: answer complaint 
n. the declaration under oath or upon penalty of perjury that a 
statement or pleading is true, located at the end of a document. A 
typical verification reads: "I declare under penalty of perjury under 
the laws of the State of 
California, that I have read the above 
complaint and I know it is true of my own knowledge, except as to 
those things stated upon information and belief, and as to those I 
believe it to be true. Executed January 3, 1995, at 
California. (signed) Georgia Garner, declarant." If a complaint is 
verified then the answer to the complaint must be verified.
n. 1) a swearing to tell the truth, the whole truth and nothing but 
the truth, which would subject the oath-taker to a prosecution for 
the crime of perjury if he/she knowingly lies in a statement either 
orally in a trial or deposition or in writing. Traditionally, the 
oath concludes "so help me God," but the approval of a supreme being 
is often omitted. Criminal perjury charges are rare, however, since 
the person stating the untruth will almost always claim error, 
mistake, loss of memory or opinion. At the beginning of any testimony 
by a witness, the clerk or court reporter administers an oath to the 
witness. 2) The "swearing in" of a person assuming a public office, 
sometimes called the "oath of office." 3) sworn commitment of 
allegiance, as to one's country.
n. 1) any written document in which the signer swears under oath 
before a notary public or someone authorized to take oaths (like a 

Clerk), that the statements in the document are true. 2) in 
many states a declaration under penalty of perjury, which does not 
require the oath-taking before a notary, is the equivalent of an 
ab initio
prep. lawyer Latin for "from the start," as "it was legal ab initio."
abuse of process
n. the use of legal process by illegal, malicious, or perverted 
means. Examples include serving (officially giving) a complaint to 
someone when it has not actually been filed, just to intimidate an 
enemy; filing a false declaration of service (filing a paper 
untruthfully stating a lie that someone has officially given a notice 
to another person, filing a lawsuit which has no basis at law, but is 
intended to get information, force payment through fear of legal 
entanglement or gain an unfair or illegal advantage. Some people 
think they are clever by abusing the process this way. A few 
unscrupulous lawyers do so intentionally and can be subject to 
discipline and punishment. Sometimes a lawyer will abuse the process 
accidentally; an honest one will promptly correct the error and 
adj. when enough facts or circumstances exist to meet the legal 
requirements to file a legitimate lawsuit. If the facts required to 
prove a case cannot be alleged in the complaint, the case is 
not "actionable" and the client and his/her attorney should not file 
a suit. Of course, whether many cases are actionable is a matter of 
judgment and interpretation of the facts and/or law, resulting in 
many lawsuits that clog the courts. Incidentally, if a case is filed 
which is clearly not actionable, it may result in a lawsuit against 
the filer of the original suit for malicious prosecution by the 
defendant after he/she has won the original suit.
malicious prosecution
n. filing a lawsuit with the intention of creating problems for the 
defendant such as costs, attorneys' fees, anguish, or distraction 
when there is no substantial basis for the suit. If the defendant in 
the lawsuit wins and has evidence that the suit was filed out of 
spite and without any legal or factual foundation, he/she may, in 
turn, sue for damages against the person who filed the original 
action. If malice is clearly proved against the party who brought the 
original suit, punitive damages may be awarded along with special and 
general damages. In recent cases, courts have ruled that an attorney 
who knowingly assists a client in filing a worthless lawsuit out of 
malice or spite may be liable for damages along with the client. The 
suit by the victim to recover damages for a malicious prosecution 
cannot be filed until the original lawsuit is decided in favor of the 
n. a conscious, intentional wrongdoing either of a civil wrong like 
libel (false written statement about another) or a criminal act like 
assault or murder, with the intention of doing harm to the victim. 
This intention includes ill-will, hatred or total disregard for the 
other's well-being. Often the mean nature of the act itself implies 
malice, without the party saying "I did it because I was mad at him, 
and I hated him," which would be express malice. Malice is an element 
in first degree murder. In a lawsuit for defamation (libel and 
slander) the existence of malice may increase the judgment to include 
general damages. Proof of malice is absolutely necessary for 
a "public figure" to win a lawsuit for defamation.
See also: defamation libel malice aforethought malicious prosecution 
murder public figure slander 
malice aforethought
n. 1) the conscious intent to cause death or great bodily harm to 
another person before a person commits the crime. Such malice is a 
required element to prove first degree murder. 2) a general evil and 
depraved state of mind in which the person is unconcerned for the 
lives of others. Thus, if a person uses a gun to hold up a bank and 
an innocent bystander is killed in a shoot-out with police, there is 
malice aforethought.
n. intentionally doing something either legally or morally wrong 
which one had no right to do. It always involves dishonesty, 
illegality or knowingly exceeding authority for improper reasons. 
Malfeasance is distinguished from "misfeasance," which is committing 
a wrong or error by mistake, negligence or inadvertence, but not by 
intentional wrongdoing. Example: a city manager putting his indigent 
cousin on the city payroll at a wage the manager knows is above that 
allowed and/or letting him file false time cards is malfeasance; 
putting his able cousin on the payroll which, unknown to him, is a 
violation of an anti-nepotism statute is misfeasance. This 
distinction can apply to corporate officers, public officials, 
trustees and others cloaked with responsibility.
See also: misfeasance 
n. management of a business, public office or other responsibility in 
which there are errors and an unfortunate result through mistake or 
carelessness, but without evil intent and/or violation of law. 
Misfeasance is distinguished from "malfeasance," which is intentional 
conduct in violation of the law.
malum in se
(mal-uhm in say) adv. Latin referring to an act that is "wrong in 
itself," in its very nature being illegal because it violates the 
natural, moral or public principles of a civilized society. In 
criminal law it is one of the collection of crimes which are 
traditional and not just created by statute, which are "malum 
prohibitum." Example: murder, rape, burglary and robbery are malum in 
se, while violations of the Securities and Exchange Act or 
most "white collar crimes" are malum prohibitum.
malum prohibitum
(mal-uhm prohibit-uhm) adj. Latin meaning "wrong due to being 
prohibited," which refers to crimes made so by statute, compared to 
crimes based on English common law and obvious violations of 
society's standards which are defined as malum in se. Statutory 
crimes include criminal violations of regulatory acts, "white collar 
crimes" such as improper use of insider information, issuance of 
stocks without a permit which are intentionally not supported by real 
assets and tax avoidance.
material representation
n. a convincing statement made to induce someone to enter into a 
contract or agreement to which the person would not have agreed 
without that assertion. Thus, if the material representation proves 
not to be true or to be misleading, the contract can be rescinded or 
cancelled without liability.
moral certainty
n. in a criminal trial, the reasonable belief (but falling short of 
absolute certainty) of the trier of the fact (jury or judge sitting 
without a jury) that the evidence shows the defendant is guilty. 
Moral certainty is another way of saying "beyond a reasonable doubt." 
Since there is no exact measure of certainty it is always somewhat 
subjective and based on "reasonable" opinions of judge and/or jury.
motion for a new trial
n. a request made by the loser for the case to be tried again on the 
basis that there were significant legal errors in the way the trial 
was conducted and/or the jury or the judge sitting without a jury 
obviously came to an incorrect result. This motion must be made 
within a few days after the judgment is formally entered and is 
usually heard by the same judge who presided at the trial. Such a 
motion is seldom granted (particularly if the judge heard the case 
without a jury) unless there is some very clear error which any judge 
would recognize. Some lawyers feel the motion helps add to the record 
of argument leading to an appeal of the case to an appeals court.
motion for a summary judgment
n. a written request for a judgment in the moving party's favor 
before a lawsuit goes to trial and based on testimony recorded 
outside court, affidavits (declarations under penalty of perjury), 
depositions, admissions of fact and/or answers to written 
interrogatories, claiming that all factual and legal issues can be 
decided in the moving party's favor. These alleged facts are 
accompanied by a written legal brief (points and authorities) in 
support of the motion. The opposing party needs to show by 
affidavits, written declarations or points and authorities (written 
legal argument in support of the motion) that there are "triable 
issues of fact" and/or of law by points and authorities. If there are 
any triable issues the motion must be denied and the case can go to 
trial. Sometimes, if there are several claims (causes of action) such 
a motion may cause the judge to find (decide) that some causes of 
action can be decided under the motion, leaving fewer matters 
actually to be tried. The paper- work on both sides is complex, 
burdensome and in many states, based on strict procedures.
See also: motion 
gross negligence
n. carelessness which is in reckless disregard for the safety or 
lives of others, and is so great it appears to be a conscious 
violation of other people's rights to safety. It is more than simple 
inadvertence, but it is just shy of being intentionally evil. If one 
has borrowed or contracted to take care of another's property, then 
gross negligence is the failure to actively take the care one would 
of his/her own property. If gross negligence is found by the trier of 
fact (judge or jury), it can result in the award of punitive damages 
on top of general and special damages.
de facto
adj. Latin for "in fact." Often used in place of "actual" to show 
that the court will treat as a fact authority being exercised or an 
entity acting as if it had authority, even though the legal 
requirements have not been met.
n. dishonesty, fraudulent conduct, false statements made knowing them 
to be untrue, by which the liar intends to deceive a party receiving 
the statements and expects the party to believe and rely on them. 
This is a civil wrong (tort) giving rise to the right of a person to 
sue the deceiver if he/she reasonably relied on such dishonesty to 
the point of his/her injury.
n. the act of misleading another through intentionally false 
statements or fraudulent actions.
See also: deceit fraud 
v. to use deceit, falsehoods or trickery to obtain money, an object, 
rights or anything of value belonging to another.
See also: fraud 
n. reasonable care or attention to a matter, which is good enough to 
avoid a claim of negligence, or is a fair attempt (as in due 
diligence in a process server's attempt to locate someone).
n. scientifically, deoxyribonucleic acid, a chromosomal double chain 
(the famous "double helix") in the nucleus of each living cell, the 
combination of which determines each individual's hereditary 
characteristics. In law, the importance is the discovery that each 
person's DNA is different and is found in each living cell, so blood, 
hair, skin or any part of the body can be used to identify and 
distinguish an individual from all other people. DNA testing can 
result in proof of one's involvement or lack of involvement in a 
crime scene. While recent DNA tests have proved a convicted killer on 
death row did not commit a crime and resulted in his release, current 
debate concerns whether DNA evidence is scientifically certain enough 
to be admitted in trials. The trend is strongly in favor of admission.
duty of care
n. a requirement that a person act toward others and the public with 
the watchfulness, attention, caution and prudence that a reasonable 
person in the circumstances would use. If a person's actions do not 
meet this standard of care, then the acts are considered negligent, 
and any damages resulting may be claimed in a lawsuit for negligence.
case law
n. reported decisions of appeals courts and other courts which make 
new interpretations of the law and, therefore, can be cited as 
precedents. These interpretations are distinguished from "statutory 
law," which is the statutes and codes (laws) enacted by legislative 
bodies; "regulatory law," which is regulations required by agencies 
based on statutes; and in some states, the common law, which is the 
generally accepted law carried down from 
England. The rulings in 
trials and hearings which are not appealed and not reported are not 
case law and, therefore, not precedent or new interpretations. Law 
students principally study case law to understand the application of 
law to facts and learn the courts' subsequent interpretations of 
See also: case system precedent 
case of first impression
n. a case in which a question of interpretation of law is presented 
which has never arisen before in any reported case. Sometimes, it is 
only of first impression in the particular state or jurisdiction, so 
decisions from other states or the federal courts may be examined as 
a guideline.
n. (sersh-oh-rare-ee) a writ (order) of a higher court to a lower 
court to send all the documents in a case to it so the higher court 
can review the lower court's decision. Certiorari is most commonly 
used by the U.S. Supreme Court, which is selective about which cases 
it will hear on appeal. To appeal to the Supreme Court one applies to 
the Supreme Court for a writ of certiorari, which it grants at its 
discretion and only when at least three members believe that the case 
involves a sufficiently significant federal question in the public 
interest. By denying such a writ the Supreme Court says it will let 
the lower court decision stand, particularly if it conforms to 
accepted precedents (previously decided cases).
civil rights
n. those rights guaranteed by the Bill of Rights, the 13th and 14th 
Amendments to the Constitution, including the right to due process, 
equal treatment under the law of all people regarding enjoyment of 
life, liberty, property, and protection. Positive civil rights 
include the right to vote, the opportunity to enjoy the benefits of a 
democratic society, such as equal access to public schools, 
recreation, transportation, public facilities, and housing, and equal 
and fair treatment by law enforcement and the courts.
See also: Bill of Rights civil civil liberties 
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Bill of Rights
n. the first ten amendments to the federal Constitution demanded by 
several states in return for ratifying the Constitution, since the 
failure to protect these rights was a glaring omission in the 
Constitution as adopted in convention in 1787. Adopted and ratified 
in 1791, the Bill of Rights are: First: Prohibits laws establishing a 
religion (separation of church and state), and bans laws which would 
restrict freedom of religion, speech, press (now interpreted as 
covering all media), right to peaceably assemble and petition the 
government. Second: A "well regulated Militia, being necessary to the 
security of a 
free state, the right of the people to keep and bear 
Arms, shall not be infringed." This is often claimed as giving the 
unfettered right of individuals to own guns, but is actually limited 
to the right of "the" people, meaning the body politic or the public 
as a group, to bear arms as militiamen Third: No quartering of 
soldiers in private homes without the owner's consent. Fourth: No 
unreasonable search and seizures, no warrants without probable cause, 
and such warrants must be upon "oath or affirmation" and describe the 
place to be searched or the person or things to be taken. Fifth: 
Prohibits criminal charges for death penalty ("capital punishment") 
or any other "infamous" crime (felony) without indictment by a Grand 
Jury except under martial law in the time of war or "public danger"; 
no person may be tried twice for the same offense; no one may be 
compelled to be a witness against himself ("taking the Fifth"), no 
one can be deprived of life, liberty or property without "due process 
of law"; no taking of property for public use (eminent domain) 
without just compensation. These rights have become applicable to 
states through the 14th Amendment as well as state constitutions. 
Sixth: Rights of criminal defendants to a speedy and public trial, 
impartial local jury, information on the nature and cause of 
accusation, confront witnesses against him, right to subpena 
witnesses, and have counsel. Seventh: Juries may be demanded in civil 
cases (over $20) and the jury shall be trier of the fact in such 
cases as required by Common Law. Eighth: No excessive bail, excessive 
fines or "cruel and unusual punishment." Note that denial of bail in 
murder cases or when the accused may flee is not "excessive," and 
capital punishment (like the gas chamber) may be cruel but not 
necessarily unusual. inth: Stating these rights shall not be 
construed to deny that other rights are retained by the people. 
Tenth: Powers given to the 
United States (central government) and not 
prohibited to the states, are reserved to the states or to the people.
class action
n. a lawsuit filed by one or more people on behalf of themselves and 
a larger group of people "who are similarly situated." Examples might 
include: all women who have suffered from defective contraceptive 
devices or breast implants, all those overcharged by a public utility 
during a particular period, or all those who were underpaid by an 
employer in violation of the Fair Labor Standards Act. If a class 
action is successful, a period of time is given for those who can 
prove they fit the class to file claims to participate in the 
judgment amount. Class actions are difficult and expensive to file 
and follow through, but the results can be helpful to people who 
could not afford to carry a suit alone. They can force businesses 
that have caused broad damage or have a "public be damned" attitude 
to change their practices and/or pay for damages. They often result 
in high fees for the winning attorneys, although often attorneys do 
not collect a fee at the beginning of a class action suit but might 
charge a contingent fee (such as one-third of the final judgment), 
which, occasionally, can be millions of dollars. Such fees usually 
require court approval.
collateral attack
n. a legal action to challenge a ruling in another case. For example, 
Joe Parenti has been ordered to pay child support in a divorce case, 
but he then files another lawsuit trying to prove a claim that he is 
not the father of the child. A "direct attack" would have been to 
raise the issue of paternity in the divorce action.
n. where two persons (or business entities through their officers or 
other employees) enter into a deceitful agreement, usually secret, to 
defraud and/or gain an unfair advantage over a third party, 
competitors, consumers or those with whom they are negotiating. 
Collusion can include secret price or wage fixing, secret rebates, or 
pretending to be independent of each other when actually conspiring 
together for their joint ends. It can range from small-town 
shopkeepers or heirs to a grandma's estate, to gigantic electronics 
companies or big league baseball team owners.
See also: fraud 
color of law
n. the appearance of an act being performed based upon legal right or 
enforcement of statute, when in reality no such right exists. An 
outstanding example is found in the civil rights acts which penalize 
law enforcement officers for violating civil rights by making 
arrests "under color of law" of peaceful protesters or to disrupt 
voter registration. It could apply to phony traffic arrests in order 
to raise revenue from fines or extort payoffs to forget the ticket.
conclusion of fact
n. in a trial, the final result of an analysis of the facts presented 
in evidence, made by the trier of fact (a jury or by the judge if 
there is no jury). When a judge is the trier of fact he/she will 
present orally in open court or in a written judgment his/her 
findings of fact to support his/her decision. In most cases either 
party is entitled to written conclusion of facts if requested.
See also: finding judgment 
conclusion of law
n. a judge's final decision on a question of law which has been 
raised in a trial or a court hearing, particularly those issues which 
are vital to reaching a statement. These may be presented orally by 
the judge in open court, but are often contained in a written 
judgment in support of his/her judgment such as an award of damages 
or denial of a petition. In most cases either party is entitled to 
written conclusions of law if requested.
See also: judgment 
attorney-client privilege
n. the requirement that an attorney may not reveal communications, 
conversations and letters between himself/ herself and his/her 
client, under the theory that a person should be able to speak freely 
and honestly with his/her attorney without fear of future revelation. 
In a trial, deposition, and written questions (interrogatories), the 
attorney is required and the client is entitled to refuse to answer 
any question or produce any document which was part of the attorney-
client contact. The problem sometimes arises as to whether the 
conversation was in an attorney-client relationship. If a man tells 
his neighbor who happens to be an attorney that he embezzled funds, 
is he doing so while seeking legal advice or just chatting over the 
fence (which is the test)? If a document was prepared as part of the 
legal preparation for a client, it usually is a "work product" and is 
also privileged. Similar privileges exist between pastor and 
parishioner and doctor and patient.
attorney's work product
n. written materials, charts, notes of conversations and 
investigations, and other materials directed toward preparation of a 
case or other legal representation. Their importance is that they 
cannot be required to be introduced in court or otherwise revealed to 
the other side. Sometimes there is a question as to whether documents 
were prepared by the attorney and/or the client for their use in the 
case preparation or are documents which are independent and 
legitimate evidence.
work product
n. the writings, notes, memoranda, reports on conversations with the 
client or witness, research and confidential materials which an 
attorney has developed while representing a client, particularly in 
preparation for trial. A "work product" may not be demanded or 
subpenaed by the opposing party, as are documents, letters by and 
from third parties and other evidence, since the work product 
reflects the confidential strategy, tactics and theories to be 
employed by the attorney.
consequential damages
n. damages claimed and/or awarded in a lawsuit which were caused as a 
direct foreseeable result of wrongdoing.
equitable estoppel
n. where a court will not grant a judgment or other legal relief to a 
party who has not acted fairly; for example, by having made false 
representations or concealing material facts from the other party. 
This illustrates the legal maxim: "he who seeks equity, must do 
equity." Example: Larry Landlord rents space to Dora Dressmaker in 
his shopping center but falsely tells her a Sears store will be a 
tenant and will draw customers to the project. He does not tell her a 
new freeway is going to divert traffic from the center. When she 
fails to pay her rent due to lack of business, Landlord sues her for 
breach of lease. Dressmaker may claim he is equitably estopped.

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