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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.
Cite this article: FindLaw.com - North Dakota Century Code Title 9. Contracts and Obligations § 9-03-08. Actual fraud defined - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-9-contracts-and-obligations/nd-cent-code-sect-9-03-08.html
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