• 1995 - Fraud as a Basis for Exemplary Damage
  • C-72.12
    • Damages
    • Exemplary Damages
  • As a basis for awarding exemplary damages, "fraud" is: 1) the suggestion as 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 that is likely to mislead because that fact was not communicated; or 4) a promise made without any intention of performing.
    • 32-03-07
    • Dewey v. Lutz, 462 NW2d 435 (ND 1990)
    • Dvorak v. Am. Family Mut. Ins. Co., 508 NW2d 329 (ND 1993)
    • Hellman v. Thiele, 413 NW2d 321 (ND 1987)
    • Olson v. Frasse, 421 NW2d 820 (ND 1988)
  • Notes: In a case involving subsection 3, the Pattern Jury Instruction Commission directs attention to Dewey, 462 NW2d at 440; Hellman v. Thiele, 413 NW2d 321, 326 (ND 1987); and section 551 of the Restatement (Second) of Torts. This instruction is similar to the deceit instruction. It is the opinion of the Pattern Jury Instruction Commission that while fraud is mentioned in NDCC 32-03-07 as a basis for exemplary damages, fraud is a contract term and no punitive damages may be awarded for contract claims.