North Dakota § 9-03-08 Actual fraud defined

North Dakota Statutes

§ 9-03-08 — Actual fraud defined

North Dakota § 9-03-08

Title 9Contracts and Obligations

Ch. 9-03Consent

This text of North Dakota § 9-03-08 (Actual fraud defined) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 9-03-08 (2026).

Text

Actual fraud within the meaning of this title 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 thereto 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 that 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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Actual fraud within the meaning of this title 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
thereto 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 that 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.