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28. Substitution of One Instrument for Another.

29. Fraudulent Substitution as to Subject of Purchase.

30. Conspiracy, Bribery, and Perjury.

31. Insolvency of Purchaser and Intent Not to Pay.

32. Frauds by Agents and Other Third Persons.

33. Agent Wrongly Exceeding Authority.

34. Collusion with Agent of Other Party.

35. Intention to Deceive or Defraud.

36. Effect of Fraud in Deceiving or Tricking Party.

37. Resulting Loss or Damage to Defrauded Party.

38. Fraud Practised on Both Sides.

39. Duty of Care and Prudence to Detect Fraud.

40. Rule as to Persons Occupying Positions of Trust or Confi-


41. Same'; What Constitutes Fiduciary or Confidential Relation.

Same; Principal and Agent.

43. Same; Attorney and Client.

44. Same; Partners, Joint Owners, and Joint Purchasers.

45. Same; Parent and Child.

46. Same; Brother and Sister.

47. Same; Husband and Wife.

48. Same; Executors or Administrators and Beneficiaries.

49. Same; Physicians and Patients.


Same; Priests, Pastors, and Spiritual Advisers.

51. Same; Directors and Stockholders of Corporations.

Signing Instrument Without Reading It.

53. Same; Rule for Illiterate Persons and Foreigners.

54. Same; Defective Eyesight Excusing Failure to Read.

55. Same; Dissuading or Preventing Party from Reading.

56. Same; Misrepresenting Purport or Contents of Instrument.

57. Misreading Instrument.

58. Fraudulent Concealment of Material Facts.

59. Same; Circumstances Imposing Duty to Disclose.

60. Same; When Silence is Justifiable.

61. Caveat Emptor.

62. Concealment Coupled with Efforts to Prevent Discovery.

63. Concealment Coupled with False Representations.

64. Concealment of Latent Defects.

65. Acquiescence in Self-Deception of Other Party.

66. Concealment by Purchaser of Property.

67. Same; Concealment Accompanied by Fraud or Falsehood.


72. Same; Law of Another State.

73. Representations Not Contemporary with Making of Con-


74. Waiver as to Representations Not Embodied in Contract.

75. Representations Made Ultra Vires.

76. Expressions of Opinion.

77. Tests for Distinguishing Expressions of Opinion from Rep-

resentations of Fact.

78. False Opinion Fraudulently Asserted.

79. Representations as to Value.

80. Same; Exceptions to Rule.

81. Same; Knowledge or Means of Estimating Value.

82. Same; One Party Possessing Exclusive or Superior Knowl-


83. Same; Facts Stated as Basis for Estimate of Value.

84. Same; Statement of Cost or Price on Previous Sale.

85. Puffing, Exaggerated Praise, “Dealers' Talk."

86. Statements as to Future Value, Profit, or Efficiency.

87. Representations as to Validity and Scope of Patents.

88. Representations as to Validity and Value of Checks, Notes,

and Securities.

89. Promises and Promissory Representations.

90. Same; Intention as to Performance or Non-Performance.

91. Same; Promises as to Improvement or Use of Real Property.

92. False Representations as to Agency, Authority, or Official


93. Representations by Agents and Other Third Persons.

94. Repeating Information Received from Third Persons.

95. Representations to Third Parties Communicated to Plain-


96. Representations to the General Public.

97. Representations to Commercial Agencies.

98. Representations as to Financial Ability.

99. Representations as to Financial Standing of Third Persons.

100. Falsity of Representations.

101. Ambiguous and Misleading Statements.

102. Knowledge of Falsity of Representations.

103. Same; Falsity in Express or implied Assertion of Knowl-


104. Same; Imputed or Constructive Knowledge of Falsity.

105. Same; Statements Made Recklessly Without Knowledge of


106. Same; Good Faith and Honest Belief in Statements Made.

107. Same; Reasonable Ground to Believe Statements True.

108. Intention to Deceive or Mislead.

109. Effect of Representations in Actually Deceiving Party.

110. Reliance Upon Representations.

111. Representations as Inducement to Contract.

112. Necessity of Actual Loss or Injury.

113. Duty to Investigate Truth of Representations.

114. Same; Decisions Repudiating or Modifying Rule.

115. Same; Extent of Investigation Necessary.

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