Actual fraud defined
N.D. Cent. Code § 9-03-08
in effect9-03-08. 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t09c03.pdf#nameddest=9-03-08Fetched: 10/16/2026
