9-03-09. Constructive fraud defined.
67 words·~1 min read·
/nd/title-09/chapter-9-03-consent/9-03-09·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Constructive fraud consists:
1. In any breach of duty which, without an actually fraudulent intent, gains an advantage
to the person in fault or anyone claiming under that person, by misleading another to
the other's prejudice or to the prejudice of anyone claiming under the other; or
2. In any such act or omission as the law specially declares to be fraudulent without
respect to actual fraud.