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Definition of Fraud in the factum
1. Noun. Fraud that arises from a disparity between the instrument intended to be executed and the instrument actually executed; e.g., leading someone to sign the wrong contract.
Lexicographical Neighbors of Fraud In The Factum
Literary usage of Fraud in the factum
Below you will find example usage of this term as found in modern and/or classical literature:
1. A Treatise on the Law of Fraud on Its Civil Side by Melville Madison Bigelow (1888)
"But that may be doubted ; the result must have been different had the tracts been
conveyed by separate deeds.4 Concerning what is deemed fraud in the factum ..."
2. South Eastern Reporter by West Virginia Supreme Court of Appeals, West Publishing Company, South Carolina Supreme Court (1920)
"There is no allegation of fraud In the factum of the notes, but simply that they
were procured by false representations of agents of the company. ..."
3. Ruling Case Law as Developed and Established by the Decisions and by William Mark McKinney, Burdett Alberto Rich (1915)
"... and not in the non fui filment of the contract.30 But there is a well established
distinction between fraud in the factum of a deed and fraud in its ..."
4. The American Decisions: Containing All the Cases of General Value and by John Proffatt, Abraham Clark Freeman (1887)
"What is more material in lessening the authority of the case, not a word is said
about the distinction between fraud in the factum of the deed and fraud in ..."
5. The Law of Contracts by William Herbert Page (1919)
"The commonest form of fraud in the factum exists where an instrument in writing
is drawn up and signed by one party under a false belief as to its contents, ..."
6. Ruling Case Law as Developed and Established by the Decisions and by William Mark McKinney, Burdett Alberto Rich (1916)
"... perhaps, in an action on a specialty, in which case it seems that the plea of
non est factura admits evidence of fraud in the factum but not fraud in ..."
7. American and English Decisions in Equity by Henry Budd, Ardemus Stewart (1895)
"It was held that the conveyance was valid at law, there being no fraud in the
factum. The court, after giving the surreptitious substitution of one deed for ..."
8. A Treatise on Extraordinary Relief in Equity and at Law by Thomas Carl Spelling (1893)
"That a note had been obtained by fraud in the factum is a good defence at law,
and cannot afterwards be brought forward for the purpose of an injunction to ..."
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