fraud in the factum

Related to fraud in the factum: fraud in fact, fraud in the inducement

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Noun

fraud in the factum - 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

fraud - intentional deception resulting in injury to another person

References in periodicals archive ?

The standard view is that A commits fraud in the factum when B is deceived about what is done, as exemplified by [Minkowski], A commits fraud in the inducement when B consents to what she believes to be intercourse, but does so because she is deceived about certain facts, such as (1) the purpose of intercourse [Boro], (2) A's nominal identity ..., (3) A's characteristics ..., (4) A's behavior ..., or (5) A's mental status.

This is not fraud in the factum. There was nothing comparable to the difference between marital intercourse and adultery.