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Oklahoma Statutes

Okla. Stat. tit. 15, § 58 (2026)

Actual fraud defined

✓ current as of July 2026
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Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true. 2. The positive assertion in a manner not warranted by the information of the person making it, of that which is not true, though he believe it to be true. 3. The suppression of that which is true, by one having knowledge or belief of the fact. 4. A promise made without any intention of performing it; or, 5. Any other act fitted to deceive. R.L.1910, § 903.

Notes of Decisions
Cited in 30 cases (10 in the last 5 years), 1968–2026 · leading case: Croslin v. Enerlex, Inc., 308 P.3d 1041 (Okla. 2013).
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Croslin v. Enerlex, Inc., 308 P.3d 1041 (Okla. 2013). · cites it 2× “15 O.S.2001, § 58, now 15 O.S.2011, § 58, defines actual fraud: Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him…”
Sutton v. David Stanley Chevrolet, 2020 OK 87 (Okla. 2020). “¶10 Actual fraud is defined in 15 O.S. 2011, §58 and consists of any of the following acts, committed by a party to a contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract: 1.”
City of Broken Arrow v. Bass Pro Outdoor World, L.L.C., 2011 OK 1 (Okla. 2011). “In so proceeding, the contractual obligations of the City were authorized by the Broken Arrow City Council in violation of the State of Oklahoma's Open Meeting Act (25 0.”
Hitch Enter., Inc. v. Cimarex Energy Co., 859 F. Supp. 2d 1249 (W.D. Okla. 2012). “, 15 O.S. § 58 (actual fraud defined); 76 O.”
Marks v. Hentges (In Re Hentges), 373 B.R. 709 (Bankr. N.D. Okla 2007). “15 O.S. § 58. 13 . In Oklahoma, "when an issue (or claim) is sought to be.”
First Nat'l Bank & Trust Co. of Vinita v. Kissee, 859 P.2d 502 (Okla. 1993). “” 18 In the instant case, none of the elements of actual or constructive fraud, as set forth in 15 O.S.1991 §§ 58, 59 respectively, have been specifically pleaded and convincingly proved with clarity as required under 12 O.”
Hatfield v. Thompson (In re Thompson), 585 B.R. 890 (Bankr. W.D. Okla. 2017). “The Court is aware that, for purposes of contract law, Okla. Stat. tit. 15, § 58 defines actual fraud to include "a promise made without any intention of performing it[.”
Coble v. Bowers, 809 P.2d 69 (Okla. Civ. App. 1990). “15 O.S.1981 § 58; see Farrar v. Chitwood, 282 P.”
Oklahoma Co. v. O'NEIL, 440 P.2d 978 (Okla. 1968). “In view of the statutory definition of fraud in Oklahoma, 15 O.S.1961, §§ 58, 59, we hold that the evidence was more than adequate to support the trial court’s finding of fraud.”
United Servs. Auto. Ass'n v. McCants, 1997 OK 73 (Okla. 1997). · cites it 2× “The suggestion, as a fact, of that which is not true, by one who does not believe it to be true.”
Doerr v. Henry, 806 P.2d 669 (Okla. Civ. App. 1990). · cites it 2× “Actual fraud is defined in 15 O.S.1981 § 58 thus: "Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into…”
Eastwood v. Nat'l Bank of Com., Altus, Okl., 673 F. Supp. 1068 (W.D. Okla. 1987). “Plaintiffs have failed to allege any specific misrepresentations, omissions or other fraudulent acts made or done by this Defendant, much less the time, place and substance of the fraudulent acts by this Defendant and what was obtained or given up as a consequence, as required…”
Show all 30 citing cases →
— Okla. Stat. tit. 15, § 58(1) — 1 case
Moore v. Bob Howard German Imports, 2023 OK CIV APP 14 (Okla. Civ. App. 2023).
— Okla. Stat. tit. 15, § 58(3) — 1 case
Tri-State Floors, Inc. v. Old Rule Servs., LLC (N.D. Okla. 2022).
— Okla. Stat. tit. 15, § 58(4) — 1 case
Evans v. Bridgestone-Firestone, Inc., 904 P.2d 156 (Okla. Civ. App. 1995).
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