South Dakota § 53-4-5 Actual fraud, acts constituting, question of fact.

South Dakota Statutes

§ 53-4-5 — Actual fraud, acts constituting, question of fact.

South Dakota § 53-4-5

Title 53CONTRACTS

Ch. 53-4DURESS, FRAUD, UNDUE INFLUENCE AND MISTAKE

This text of South Dakota § 53-4-5 (Actual fraud, acts constituting, question of fact.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 53-4-5 (2026).

Text

Actual fraud in relation to contracts consists of any of the following acts committed by a party to the contract, or with his connivance, with intent to deceive another party thereto or to induce him 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 he believe 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. Actual fraud is always a question of fact.

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Actual fraud in relation to contracts consists of any of the following acts committed by a party to the contract, or with his connivance, with intent to deceive another party thereto or to induce him 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 he believe 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. Actual fraud is always a question of fact.