两术语之间的差异在于actual fraud (“事实欺诈”）具有事实上的故意，由此给他人带来伤害，其也被称为fraud in fact、positive fraud 以及 moral fraud[1]。相比之下，constructive fraud（“推定欺诈”）虽然无欺诈故意和虚假陈述，但后果却与前者相同，且它常用作针对公共利益，其也称为legal fraud、fraud in contemplation of law和equitable fraud,表明其是依据法律所推定成立的[2]。
 
[1 ] “A concealment or false representation through a statement or conduct that injures another who relies on it in acting. ” Cf. Bryan A. Gamer, Black's Law Dictionary, 7th edition, at p. 671 , West Group (1999). “Fraud committed with the actual intent to deceive and thereby injure another. " Cf. Linda Picard Wood, J. D. , Merriam Webster's Dictionary of Law，at p. 203, Merriam- Webster, Incorporated (1996 ).
[2] "Conduct viewed by a court as having the same effect as actual fraud though not involving any false representation of fact. ” Cf. James E. Clapp, Random House Webster's Dictionary of the Law, at p. 193, Random House (2000). "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. " Cf. Linda Picard Wood, J. D, , Merriam Websters Dictionary of Law，at p. 203，Merriam- Webster, Incorporated (1996).