53-4-5. Actual fraud, acts constituting, question of fact.

135 words·~1 min read·/sd/title-53/chapter-53-4/53-4-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Actual fraud in relation to contracts consists of any of the following acts committed by a party to the contract, or with his connivance, with intent to deceive another party thereto or to induce him 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 he believe 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.

Actual fraud is always a question of fact.