actual fraud

noun

1. a : any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage; specifically : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby

   b : the affirmative defense of having acted in response to a fraud

2. : the crime or tort of committing fraud convicted of securities fraud — see also misrepresentation

   Note: A tort action based on fraud is also referred to as an action of deceit.

   — actual fraud
   : fraud committed with the actual intent to deceive and thereby injure another — called also fraud in fact; compare constructive fraud in this entry

   — collateral fraud
   : extrinsic fraud in this entry

   — constructive fraud
   : conduct that is considered fraud under the law despite the absence of an intent to deceive because it has the same consequences as an actual fraud would have and it is against public interests (as because of the violation of a public or private trust or confidence, the breach of a fiduciary duty, or the use of undue influence) — called also legal fraud; compare actual fraud in this entry

   — equitable fraud
   : constructive fraud in this entry —used especially in New Jersey

   — extrinsic fraud
   : fraud (as that involved in making a false offer of compromise) that induces one not to present a case in court or deprives one of the opportunity to be heard; also : fraud that is not involved in the actual issues presented to a court and that prevents a full and fair hearing — called also collateral fraud ; compare intrinsic fraud in this entry

   — fraud in fact
   : actual fraud in this entry

   — fraud in law
   : fraud that is presumed to have occurred in light of the circumstances irrespective of intent to deceive

   — fraud in the factum
   : fraud in which the deception causes the other party to misunderstand the nature of the transaction in which he or she is engaging especially with regard to the contents of an instrument (as a contract or promissory note) — called also fraud in the execution; compare fraud in the inducement in this entry

   — fraud in the inducement
   : fraud in which the deception leads the other party to engage in a transaction the nature of which he or she understands — compare fraud in the factum in this entry

   — fraud on the court
   : fraud involving conduct that undermines the integrity of the judicial process (as by improperly influencing a judge, jury, or other court personnel); also : extrinsic fraud in this entry

   — identity fraud
   : the unauthorized use of anotherʼs means of identification (as name or social security number) to commit fraud

   — intrinsic fraud
   : fraud (as by the use of false or forged documents, false claims, or perjured testimony) that deceives the trier of fact and results in a judgment in favor of the party perpetrating the fraud — compare extrinsic fraud in this entry

   — legal fraud
   : constructive fraud in this entry : actual fraud in this entry —used especially in New Jersey

   — mail fraud
   : fraud committed by use of the postal service especially as described in title 18 section 1341 of the U.S. Code

   — wire fraud
   : fraud committed by using a means of electronic communication (as a telephone) — see also Wire Fraud Act