20-10-1      Liability for damage caused by deceit.
20-10-2      Acts constituting deceit.
20-10-3      Fraud against public or class as fraud against individual.

20-10-1. Liability for damage caused by deceit.

One who willfully deceives another, with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.

Source: CivC 1877, § 974; CL 1887, § 3598; RCivC 1903, § 1292; RC 1919, § 796; SDC 1939, § 47.0401.

20-10-2. Acts constituting deceit.

A deceit within the meaning of § 20-10-1 is either:

(1)    The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

(2)    The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;

(3)    The suppression of a fact by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or

(4)    A promise made without any intention of performing.

Source: CivC 1877, § 975; CL 1887, § 3599; RCivC 1903, § 1293; RC 1919, § 797; SDC 1939, § 47.0402.

20-10-3. Fraud against public or class as fraud against individual.

One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit.

Source: CivC 1877, § 976; CL 1887, § 3600; RCivC 1903, § 1294; RC 1919, § 798; SDC 1939, § 47.0403.