What constitutes actual fraud
Actual fraud, within the meaning of this part, consists in any of the following acts committed by a party to the contract or with the party's connivance with intent to deceive another party to the contract or to induce the other party to enter into the contract:
(1) the suggestion as a fact of that which is not true by one who does not believe it to be true;
(2) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though the person believes it to be true;
(3) the suppression of that which is true by one having knowledge or belief of the fact;
(4) a promise made without any intention of performing it; or
(5) any other act fitted to deceive.
| EnactedEn. SectionSec. 2117, Civil CodeCiv. C. 1895 |
| ReenactedRe-en. SectionSec. 4978, RevisedRev. CodeC. 1907 |
| ReenactedRe-en. SectionSec. 7480, Revised Codes of MontanaR.C.M. 1921 |
| CaliforniaCal. Civil CodeCiv. C. SectionSec. 1572 |
| Field Code of New YorkField Civil CodeCiv. C. SectionSec. 757 |
| ReenactedRe-en. SectionSec. 7480, Revised Codes of MontanaR.C.M. 1935 |
| Revised Codes of MontanaR.C.M. 1947, 13-308 |
| AmendedAmd. SectionSec. 774, ChapterCh. 56, Laws ofL. 2009 (HB 37 - Campbell, Margarett (D) HD 31) |