Montana § 28-2-405 What Constitutes Actual Fraud

Montana Statutes

§ 28-2-405 — What Constitutes Actual Fraud

Montana § 28-2-405

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 4Circumstances Which Affect Validity of Apparent Consent

This text of Montana § 28-2-405 (What Constitutes Actual Fraud) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 28-2-405 (2026).

Text

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.

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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.

Legislative History

En. Sec. 2117, Civ. C. 1895; re-en. Sec. 4978, Rev. C. 1907; re-en. Sec. 7480, R.C.M. 1921; Cal. Civ. C. Sec. 1572; Field Civ. C. Sec. 757; re-en. Sec. 7480, R.C.M. 1935; R.C.M. 1947, 13-308; amd. Sec. 774, Ch. 56, L. 2009.