i64 APPENDIX. 



III. FRAUD. 



No definition of fraud is attempted by the English law, 

 because of its many-sidedness. 



Fraud Annuls all Contracts. 



Any contract may be rescinded if either party to the 

 contract has been induced to enter into it by frauds for 

 fraud renders all contracts void, both at law and ia equity. 



Fraud by One Person. 



Fraud committed by one person is an imposition, but not 

 a criminal offence. 



Fraud by Combination. 



Where two or more persons combine together to cheat in 

 the sale of a horse, it is a criminal offence, and renders such 

 persons liable to be indicted for a conspiracy (R. v. Sheppard, 

 9 C. and P. 123) ; but it must be shown that all the parties 

 charged knew of the fraud (R. v. Pagwell, 2 Starkie N. P. C. 

 402). 



IV. MALFORMATION. 



Definition. — A malformation is an irregular or anoma- 

 lous formation or structure of a part or parts. 



Not Unsoundness. 



A malformation or any number of malformations do not 

 constitute unsoundness, although they may be quite well 

 known to lead to unsoundness. Case — Brown v. Elkin, 

 Court of Exchequer Sittings in Banco, before Lord Abinger. 

 In this case a horse was sold with a warranty, having curby 



