GroundRules
28-2-406: What constitutes constructive fraud.
Where this section sits in the code
- TITLE 28. CONTRACTS AND OTHER OBLIGATIONS
- CHAPTER 2. CONTRACTS
- Part 4. Circumstances Which Affect Validity of Apparent Consent
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.
Collected 2026-09-14T04:50:43Z. Source file · JSON