Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or,2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.R.L.1910, § 904.
Oklahoma Legal Code