36 Ch D 145 at p 183). Fraud, in the contemplation of a Civil Court of Justice, may be said to include properly all acts, omissions, and concealments which involve a breach of a legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by which an undue or unconscientious advantage is taken of another (Story, Eq Jur 187). All surprise, trick, cunning, dissembling and other unfair way that is used to cheat any one is considered fraud (Finch 439). Fraud in all cases implies a wilful act on the part of any one, whereby another is sought to be deprived, by illegal or inequitable means, of what he is entitled to (Green v Nixon (1857) 23 Beav 530 at p 535)’ (Kerr on Fraud and Mistake (7th Ed) at p 1). ‘The concept of fraud is notoriously difficult to define’ (Cavell USA Inc and another v Seaton Insurance Company and another [2009] EWCA Civ 1363 per Longmore LJ, Mummery and Toulson LJJ in agreement). We would not hazard to define ‘fraud’. We would just say that ‘fraud’ is a generic term which also covers all manner of cheat, deceit and dishonesty. Given its wide meaning, ‘an action in fraud will usually include a number of distinct causes of action …’ and ‘claims to trace assets in equity or, perhaps, at common law’ (Bullen & Leake & Jacobs Precedents of Pleadings (18th Ed Vol 2) at 57-01).” [penekanan ditambah]