Montana § 28-2-406 What Constitutes Constructive Fraud

Montana Statutes

§ 28-2-406 — What Constitutes Constructive Fraud

Montana § 28-2-406

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 4Circumstances Which Affect Validity of Apparent Consent

This text of Montana § 28-2-406 (What Constitutes Constructive 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. § 28-2-406 (2026).

Text

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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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.

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.