{"data":{"id":"us-sd/sdcl-53-4-5","jurisdiction":"us-sd","citation":"SDCL § 53-4-5","heading":"Actual fraud, acts constituting, question of fact.","body":"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:\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 he believe 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.\nActual fraud is always a question of fact.","path":["TITLE 53. CONTRACTS","CHAPTER 53-4. DURESS, FRAUD, UNDUE INFLUENCE AND MISTAKE"],"source_url":"https://sdlegislature.gov/Statutes/53-4-5","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"7f6e2c88c1ec47c07c4f0977d350c6622852286c5d4a13ee832d1ec14b21693e","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-53-4-4","next":"us-sd/sdcl-53-4-6"},"notice":"GroundRules: Original legal text. Not legal advice."}