53-4-6. Constructive fraud, acts constituting.
64 words·~1 min read·
/sd/title-53/chapter-53-4/53-4-6A 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 any actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him; or
(2)In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.