Section 9-03-08 - Actual fraud definedActual fraud within the meaning of this title 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 thereto 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 that 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; or5. Any other act fitted to deceive.