Guam § 85308 - Actual Fraud.

§ 85308. Actual Fraud.

Actual fraud, within the meaning of this Article, 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:

1. The suggestion, as a fact, of that which is not true, by one who

does not believe it to be true.

2. A positive assertion in a manner not warranted by the

information of the person making it, of that which is not true, though

he 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.