Montana Code Annotated

Mont. Code Ann. § 27-1-712 (2026)

Liability For Damages For Deceit

✓ current as of May 2026

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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 7. Liability

Liability For Damages For Deceit

27-1-712. Liability for damages for deceit. (1) One who willfully deceives another with intent to induce that person to alter the person's position to the person's injury or risk is liable for any damage that the person suffers.

(2) A deceit, within the meaning of subsection (1), is either:

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

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

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

(d) a promise made without any intention of performing it.

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

History: (1)En. Sec. 2291, Civ. C. 1895; re-en. Sec. 5072, Rev. C. 1907; re-en. Sec. 7574, R.C.M. 1921; Cal. Civ. C. Sec. 1709; Field Civ. C. Sec. 848; re-en. Sec. 7574, R.C.M. 1935; Sec. 58-602, R.C.M. 1947; (2)En. Sec. 2292, Civ. C. 1895; re-en. Sec. 5073, Rev. C. 1907; re-en. Sec. 7575, R.C.M. 1921; Cal. Civ. C. Sec. 1710; Field Civ. C. Sec. 849; re-en. Sec. 7575, R.C.M. 1935; Sec. 58-603, R.C.M. 1947; (3)En. Sec. 2293, Civ. C. 1895; re-en. Sec. 5074, Rev. C. 1907; re-en. Sec. 7576, R.C.M. 1921; Cal. Civ. C. Sec. 1711; Field Civ. C. Sec. 850; re-en. Sec. 7576, R.C.M. 1935; Sec. 58-604, R.C.M. 1947; R.C.M. 1947, 58-602, 58-603, 58-604; amd. Sec. 585, Ch. 56, L. 2009.

Notes of Decisions

Cited in 13 cases (4 in the last 5 years), 1989–2026 · leading case: Dewey v. Stringer, 2014 MT 136 (Mont. 2014).

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Dewey v. Stringer, 2014 MT 136 (Mont. 2014). · cites it 8× “Section 27-1-712, MCA. ¶10 In support of her constructive fraud and deceit claims, Dewey contends that at the time she and Stringer entered into the Agreement, Stringer informed her that he was in the process of selling a home he owned in California, but that execution of the…”

Folsom v. Montana Pub. Employees' Ass'n, 400 P.3d 706 (Mont. 2017). · cites it 4× “Thus, the essential legal duty underlying common law fraud is the duty to be truthful in material representations of fact intended to induce another’s reliance thereon. Kindsfather, ¶ 17; § 27-1-712, MCA.”

Boyne USA, Inc. v. Spanish Peaks Dev., LLC, 2013 MT 1 (Mont. 2013). · cites it 6× “Section 27-1-712, MCA. One who willfully deceives another with intent to induce that party to alter his position is liable for any damage that party suffers.”

Masters Grp. Int'l, Inc. v. Comerica Bank, 2015 MT 192 (Mont. 2015). · cites it 4× “Therefore, Masters 12 In Masters’ Motion for Partial Summary Judgment, Masters admitted that it “cannot locate any Michigan statute comparable to” § 27-1-712, MCA, Montana’s deceit statute.”

Est. of Swanberg, 2020 MT 153 (Mont. 2020). · cites it 2× “The Swanbergs claimed Wilson was liable, both individually and as personal representative of the estate, for deceit under § 27-1-712(1), MCA. To support each of their claims, the Swanbergs alleged Wilson committed fraud against them, the court, and Chandler.”

Pfau v. Mortenson, 858 F. Supp. 2d 1150 (D. Mont. 2012). · cites it 2× “Deceit can be either: (a) suggesting a falsity as a fact “by one who does not believe it to be true;” (b) asserting “as a fact [something] which is not true by one who has no reasonable ground for believing it to be true;” (c) suppressing “a fact by one who is bound to disclose…”

Antonick v. Jones, 769 P.2d 1240 (Mont. 1989). · cites it 2× “Antonick testified that when he wrote “paid in full” on the statements, he received no money.”

Folsom V.Whitefish Police MPEA, 2017 MT 204 (Mont. 2017). · cites it 4× “¶25 On the Rule 56 factual record in this case, Folsom attempted to plead, and the District Court found, distinct factual bases supporting his separately pled DFR and common law fraud claims.”

Hobbs v. Wells Fargo Bank, N.A. (D. Mont. 2024). · cites it 6× “” Mont. Code Ann. § 27-1-712 (1). Deceit means (a) the suggestion as a fact of that which is not true by one who does not believe it to be true; 17 (b) the assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true; (c) the…”

Lets Get Moving v. Lagestic (D. Mont. 2023). · cites it 4× “Section 27-1-712, MCA, sets forth an independent statutory prohibition on the willful deception of another with the intent to induce that person to detrimentally alter that person's position.”

Madill v. T-Mobile West LLC (D. Mont. 2025). · cites it 3× “” Mont. Code Ann. § 27-1-712 (1) (2023). Deceit is either: (a) The suggestion as a fact of that which is not true by one who does not believe it to be true; (b) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true; (c)…”

Pedersen v. State Farm Mut. Auto. Ins. Co. (D. Mont. 2020). · cites it 2× “” Mont. Code Ann. § 27-1-712 (2)(c). Plaintiffs allege that State Farm deceived Plaintiffs by failing to inform them of the fact that their polices did not cover UIM coverage.”

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— Mont. Code Ann. § 27-1-712(1) — 1 case

Est. of Swanberg, 2020 MT 153 (Mont. 2020). “The Swanbergs claimed Wilson was liable, both individually and as personal representative of the estate, for deceit under § 27-1-712(1), MCA. To support each of their claims, the Swanbergs alleged Wilson committed fraud against them, the court, and Chandler.”

— Mont. Code Ann. § 27-1-712(2) — 2 cases

Hobbs v. Wells Fargo Bank, N.A. (D. Mont. 2024). “” Mont. Code Ann. § 27-1-712 (1). Deceit means (a) the suggestion as a fact of that which is not true by one who does not believe it to be true; 17 (b) the assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true; (c) the…”

Madill v. T-Mobile West LLC (D. Mont. 2025). “” Mont. Code Ann. § 27-1-712 (1) (2023). Deceit is either: (a) The suggestion as a fact of that which is not true by one who does not believe it to be true; (b) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true; (c)…”

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