Actual fraud within the meaning of this title 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 thereto or to induce the other party to enter into the contract:

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Terms Used In North Dakota Code 9-03-08

  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

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 that 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.