California, United States of America
The following excerpt is from Vai v. Bank of America National Trust and Savings Ass'n, 8 Cal.Rptr. 233 (Cal. App. 1960):
I may say that in the present discussion it is immaterial whether any facts were misrepresented or concealed with an intent on the part of John to deceive his wife. While deceit is an element of actual fraud, it is not a necessary element of constructive fraud. Sterling v. Smith, 97 Cal. 343, 32 P. 320.
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