Montana § 28-2-406 - What Constitutes Constructive Fraud
Full text of Montana Montana Code Annotated § 28-2-406 — What Constitutes Constructive Fraud, with citation guidance and answers to common questions.
§ 28-2-406. What Constitutes Constructive Fraud
What constitutes constructive fraud. Constructive fraud consists of: (1) any breach of duty that, without an actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under the person in fault by misleading another person to that person's prejudice or to the prejudice of anyone claiming under that person; or (2) any act or omission that the law especially declares to be fraudulent, without respect to actual fraud.
Frequently Asked Questions About Montana § 28-2-406
What does Montana Code Annotated § 28-2-406 cover?
Section 28-2-406 ("What Constitutes Constructive 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 § 28-2-406?
A common citation format is "Montana Code Annotated § 28-2-406" (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 § 28-2-406 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.