Montana Code 27-1-712. Liability for damages for deceit
27-1-712. Liability for damages for deceit. (1) One who willfully deceives another with intent to induce that person to alter the person’s position to the person’s injury or risk is liable for any damage that the person suffers.
Terms Used In Montana Code 27-1-712
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
(2)A deceit, within the meaning of subsection (1), is either:
(a)the suggestion as a fact of that which is not true by one who does not believe it to be true;
(b)the assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;
(c)the suppression of a fact by one who is bound to disclose it or who gives information of other facts that are likely to mislead for want of communication of that fact; or
(d)a promise made without any intention of performing it.
(3)One who practices a deceit with intent to defraud the public or a particular class of persons is considered to have intended to defraud every individual in that class who is actually misled by the deceit.