2021 Georgia Code
Title 23 - Equity
Chapter 2 - Grounds for Equitable Relief
Article 3 - Fraud
§ 23-2-52. Misrepresentation as Legal Fraud
Misrepresentation of a material fact, made willfully to deceive or recklessly without knowledge and acted on by the opposite party or made innocently and mistakenly and acted on by the opposite party, constitutes legal fraud.
(Orig. Code 1863, § 3105; Code 1868, § 3117; Code 1873, § 3174; Code 1882, § 3174; Civil Code 1895, § 4026; Civil Code 1910, § 4623; Code 1933, § 37-703.)
Law reviews.- For article, "Consumer Protection Against Sellers Misrepresentations," see 20 Mercer L. Rev. 414 (1969).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Remedies
- Ordinary Diligence
- Pleading and Practice
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 20. 37 Am. Jur. 2d, Fraud and Deceit, § 247 et seq.
Conveyance with Intent to Defraud Creditors, 5 POF2d 697.
False Representation as to Quality or Character of Product, 35 POF2d 255.
C.J.S.- 30 C.J.S., Equity, § 48. 37 C.J.S., Fraud, §§ 3, 19 et seq.
ALR.
- Misrepresentation as regards validity of conveyance or transfer of property as fraud, 9 A.L.R. 1051.
False representations in business transaction as within statute relating to "confidence game”, 9 A.L.R. 1527; 56 A.L.R. 727.
Seller's concealment of ownership of other property inducing exclusion of same from contract as actionable fraud, 26 A.L.R. 990.
Promises and statements as to future events as fraud, 51 A.L.R. 46; 68 A.L.R. 635; 91 A.L.R. 1296; 125 A.L.R. 879.
Misrepresentation as to market price or market value as fraud, 71 A.L.R. 622.
Employer's misrepresentations as to employee's or agent's future earnings as actionable fraud, 16 A.L.R.3d 1311.
Duty of vendor of real estate to give purchaser information as to termite infestation, 22 A.L.R.3d 972.
Purchaser's misrepresentations as to intended use of real property as ground for vendor's equitable relief from contract and deed, 35 A.L.R.3d 1369.
Consumer class actions based on fraud or misrepresentation, 53 A.L.R.3d 534.
Modern status of rules regarding materiality and effect of false statement by insurance applicant as to previous insurance cancellations or rejections, 66 A.L.R.3d 749.
Fraud predicated on vendor's misrepresentation or concealment of danger of possibility of flooding or other unfavorable water conditions, 90 A.L.R.3d 568.
Misrepresentation in proxy solicitation - state cases, 20 A.L.R.4th 1287.
Vendor's action against vendee's prospective lender for misrepresentation respecting or failure to complete loan commitment, 30 A.L.R.4th 474.
Misrepresentation regarding sterility or use of birth control, 31 A.L.R.4th 389.
Liability of termite or other pest control or inspection contractor for work or representations, 32 A.L.R.4th 682.
Remedies for fraud or misrepresentation as to heating or cooling costs of realty purchased, 32 A.L.R.4th 828.
Real-estate broker's or agent's misrepresentation to, or failure to inform, vendor regarding value of vendor's real property, 33 A.L.R.4th 944.
Sexual partner's tort liability to other partner for fraudulent misrepresentation regarding sterility or use of birth control resulting in pregnancy, 2 A.L.R.5th 301.
Parent's child support liability as affected by other parent's fraudulent misrepresentation regarding sterility or use of birth control, or refusal to abort pregnancy, 2 A.L.R.5th 337.
