Fraud In Fact

Fraud which consists in, or appears from matter of fact as found by a jury; as distinguished from fraud in law, (q. v.) Actual or positive fraud, which must be proved; as distinguished from constructive fraud, which may be presumed, implied or inferred by law.* Fraud is sometimes mere matter of fact, and sometimes the conclusion of law from facts.

Lord Mansfield, 2 Burr, 937.

Fraud in fact seems to answer to that species of dolus which the Roman law expressively distinguished as had, (molus).

See Dolus mc Uus.