Montana Statutes
§ 28-2-406 — What Constitutes Constructive Fraud
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 2 CONTRACTS·Part 4 Circumstances Which Affect Validity of Apparent Consent
28-2-406 . What constitutes constructive fraud. Constructive fraud consists of:
(1)any breach of duty that, without an actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under the person in fault by misleading another person to that person's prejudice or to the prejudice of anyone claiming under that person; or
(2)any act or omission that the law especially declares to be fraudulent, without respect to actual fraud.
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Legislative History
En. Sec. 2118, Civ. C. 1895; re-en. Sec. 4979, Rev. C. 1907; re-en. Sec. 7481, R.C.M. 1921; Cal. Civ. C. Sec. 1573; Field Civ. C. Sec. 758; re-en. Sec. 7481, R.C.M. 1935; R.C.M. 1947, 13-309; amd. Sec. 775, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-2-101
Contract Defined§ 28-2-102
Essential Elements Of A Contract§ 28-2-103
Express Versus Implied Contracts§ 28-2-104
Executed Versus Executory Contracts§ 28-2-1601
Alteration Of Oral Contract By Parties§ 28-2-1603
Through 28-2-1610 Reserved§ 28-2-1613
Scope Of Court's Inquiry§ 28-2-1614
Specific Enforcement Of Revised Contract§ 28-2-1701
How Contract Extinguished