Montana Code 28-2-405. What constitutes actual fraud
28-2-405. 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:
Terms Used In Montana Code 28-2-405
- Contract: A legal written agreement that becomes binding when signed.
- 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)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.