Title 23, Chapter 2, Section 51
(a) Fraud may be actual or constructive.
(b) Actual fraud consists of any kind of artifice by which another
is deceived. Constructive fraud consists of any act of omission or
commission, contrary to legal or equitable duty, trust, or
confidence justly reposed, which is contrary to good conscience and
operates to the injury of another.
(c) Actual fraud implies moral guilt; constructive fraud may be
consistent with innocence.