The correct answer is: C. A promise made without any intention of performing it.
Fraud is a false statement of fact made by one party to another, which has the effect of inducing that party into a contract with the maker of the statement. The statement must be false, and the maker of the statement must know that it is false. The statement must also be material, meaning
that it must have been a significant factor in the other party’s decision to enter into the contract.A promise made without any intention of performing it is not considered to be fraud. This is because the statement is not false. The maker of the promise may have made the promise in bad faith, but the promise itself is still true.
The other options are all considered to be fraud. Option A is fraud because the person in a fiduciary relationship has a duty to act in the best interests of the other party. Option B is fraud because the active concealment of a fact is a false statement of fact. Option D is fraud because the suggestion as a fact of that which is not true is a false statement of fact.
It is important to note that fraud is a complex area of law, and the above is a general overview. If you are unsure whether or not a particular statement or action constitutes fraud, you should consult with an attorney.