Fraud in the execution definition
Fraud in the execution or factum means the proponent of the instrument told the signatory thereof that the instrument really didn’t mean what it clearly said, and that the signatory relied on this fraud to his detriment.” Paul v Rotman, 50 Mich App 459, 463-464; 213 NW2d 588 (1973). In this case, the trial court found that plaintiff did not understand the contents of the life-estate deed. But this finding is insufficient to support a claim of fraud in the execution. The trial court did not find that plaintiff was told that the life-estate deed transferred only five acres. Instead, the trial court found that plaintiff did not understand the nature and legal effect of the life-estate deed. This finding may indicate mental incompetency or procedural unconscionability, but it does not indicate fraud in the execution. The trial court’s findings of fact are insufficient to affirm its decision on the basis of fraud in the execution.
Fraud in the execution means that the promisor is deceived as to the nature of his act, and actually does not know what he is signing, or does not intend to enter into a contract at all; since mutual assent is lacking, the contract is void. (Duffens v. Valenti
Fraud in the execution or [fraud in the] factum means the proponent of the instrument told the signatory thereof that the instrument really didn't mean what it clearly said, and that the signatory relied on this fraud to his detriment. In that event the rule says the signatory doesn't have to return the consideration, and retaining it does not constitute affirmance of the alleged bum bargain.”7
Examples of Fraud in the execution in a sentence
Eliminating to the extent possible all Waste, Abuse and Fraud in the execution of all KDADS programs and activities.