Montana Code 28-2-406. What constitutes constructive fraud
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28-2-406. What constitutes constructive fraud. Constructive fraud consists of:
Terms Used In Montana Code 28-2-406
- Fraud: Intentional deception resulting in injury to another.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(1)any breach of duty that, without an actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under the person in fault by misleading another person to that person’s prejudice or to the prejudice of anyone claiming under that person; or
(2)any act or omission that the law especially declares to be fraudulent, without respect to actual fraud.