28-2-405. What constitutes actual fraud.
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/mt/title-28/chapter-2/part-4/28-2-405·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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:
(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.