756. What constitutes fraud.

Not only is a misrepresentation fraudulent if it was known or believed by the representor1 to be false when made, but mere non-belief in the truth is also indicative of fraud2. Thus whenever a person makes a false statement which he does not actually and honestly believe to be true, for purposes of civil liability that statement is as fraudulent as if he had stated that which he did not know to be true, or knew or believed to be false3. Proof of absence of actual and honest belief is all that is necessary to satisfy the requirements of