[Ice]

Black's 6th; Fraud:



"An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him <u>or to surrender a legal right</u>. A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, <u>which deceives and is intended to deceive another so that he shall act upon it to his legal injury</u>."



"Constructive Fraud as well as actual fraud may be the basis of cancellation of an instrument."

[El Paso Natural Gas Co., v. Kysar Insurance Co.]

[605 Pacific 2d. 240 (1979)]



Note: Instrument = Contract !