{"data":{"id":"us-mt/28-2-405","jurisdiction":"us-mt","citation":"28-2-405","heading":"What constitutes actual fraud.","body":"Actual fraud, within the meaning of this part, 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 to the contract or to induce the other party to enter into the contract:\n(1) the suggestion as a fact of that which is not true by one who does not believe it to be true;\n(2) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though the person believes it to be true;\n(3) the suppression of that which is true by one having knowledge or belief of the fact;\n(4) a promise made without any intention of performing it; or\n(5) any other act fitted to deceive.","path":["TITLE 28. CONTRACTS AND OTHER OBLIGATIONS","CHAPTER 2. CONTRACTS","Part 4. Circumstances Which Affect Validity of Apparent Consent"],"source_url":"https://mca.legmt.gov/bills/mca/title_0280/chapter_0020/part_0040/section_0050/0280-0020-0040-0050.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:43Z","sha256":"836a49b566fe8b5d552b888cf1645d863a89e5e4f11ca817cccb6d1ed5367d9e","source_id":"us-mt","stale":false,"prev":"us-mt/28-2-404","next":"us-mt/28-2-406"},"notice":"GroundRules: Original legal text. Not legal advice."}