Section 17. "Fraud" defined

17. "Fraud" defined .—"Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent[2] , with intent to deceive another party thereto of his agent, 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 active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act fitted to deceive; (5) any such act or omission as the law specially declares to be fraudulent. Explanation .—Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak[3] , or unless his silence is, in itself, equivalent to speech. 1. Subs. by Act 6 of 1899, s. 2, for the original s. 16. 2. Cf. s. 238, infra .