Okla. Stat. tit. 15, § 15-59: Constructive fraud defined

Constructive fraud consists:

1. In any breach of duty which, without an actually fraudulent

intent, gains an advantage to the person in fault, or any one

claiming under him, by misleading another to his prejudice, or to

the prejudice of any one claiming under him; or,

2. In any such act or omission as the law specially declares to

be fraudulent, without respect to actual fraud.