Section 9-03-09 - Constructive fraud definedConstructive fraud consists:
1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under that person, by misleading another to the other's prejudice or to the prejudice of anyone claiming under the other; or2. In any such act or omission as the law specially declares to be fraudulent without respect to actual fraud.