Montana § 28-2-405 - What Constitutes Actual Fraud
Full text of Montana Montana Code Annotated § 28-2-405 — What Constitutes Actual Fraud, with citation guidance and answers to common questions.
§ 28-2-405. What Constitutes Actual Fraud
What constitutes actual fraud. 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: (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 the 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: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 28-2-405
What does Montana Code Annotated § 28-2-405 cover?
Section 28-2-405 ("What Constitutes Actual Fraud") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 28-2-405?
A common citation format is "Montana Code Annotated § 28-2-405" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 28-2-405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.