SECTION 2. FRAUD Art. 1953. Fraud may result from misrepresentation or from silence Fraud is a misrepresentation or a suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to the other. Fraud may also result from silence or inaction. Acts […]
Art. 1954. Confidence between the parties Fraud does not vitiate consent when the party against whom the fraud was directed could have ascertained the truth without difficulty, inconvenience, or special skill. This exception does not apply when a relation of confidence has reasonably induced a party to rely on the other’s assertions or representations. Acts […]
Art. 1955. Error induced by fraud Error induced by fraud need not concern the cause of the obligation to vitiate consent, but it must concern a circumstance that has substantially influenced that consent. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1956. Fraud committed by a third person Fraud committed by a third person vitiates the consent of a contracting party if the other party knew or should have known of the fraud. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1957. Proof Fraud need only be proved by a preponderance of the evidence and may be established by circumstantial evidence. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1958. Damages The party against whom rescission is granted because of fraud is liable for damages and attorney fees. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
