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Mont. Code Ann. § 28-2-406

What constitutes constructive fraud

Applied in 1 court decision — leading case William Paatalo v. Jpmorgan Chase Bank (2017)

Most recently applied in William Paatalo v. Jpmorgan Chase Bank (March 2017)

En

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.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.