N.D. Cent. Code § 9-03-08: Actual fraud defined

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.