2021 Georgia Code
Title 51 - Torts
Chapter 6 - Fraud and Deceit
§ 51-6-4. Fraud by Acts or Silence; Estoppel to Assert Title
- A fraud may be committed by acts as well as words.
- One who silently stands by and permits another to purchase his property, without disclosing his title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.
(Orig. Code 1863, § 2908; Code 1868, § 2915; Code 1873, § 2966; Code 1882, § 2966; Civil Code 1895, § 3823; Civil Code 1910, § 4419; Code 1933, § 105-304.)
Law reviews.- For comment on Cohen v. Pullman Co., 243 F.2d 725 (5th Cir. 1957), holding that an oral agreement to sell land which is unenforceable because of the statute of frauds cannot be the basis for recovery of damages in fraud and deceit as the purpose of the statute of frauds is to prevent persons from being liable for nonperformance of such claimed promises, see 20 Ga. B. J. 427 (1958).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Applicability to Specific Cases
RESEARCH REFERENCES
Am. Jur. 2d.
- 37 Am. Jur. 2d, Fraud and Deceit, § 194 et seq.
C.J.S.- 37 C.J.S., Fraud, § 28 et seq.
ALR.
- Failure to perform the duty to make disclosures which rests upon one because of trust or confidential relation as fraud for which equity, in an independent suit, will relieve against a judgment, 5 A.L.R. 672.
Fraudulent misrepresentation or concealment by a contracting party concerning title to property or other subjects which are matters of public record, 33 A.L.R. 853; 56 A.L.R. 1217.
Estoppel of one not a party to a transaction involving real property by failure to disclose his interest in the property, 50 A.L.R. 668.
Quantum of proof in civil case on issue involving fraudulent, dishonest, or criminal misappropriation of property, 62 A.L.R. 1449.
Permitting record title to real property to stand in another's name as estopping owner to avail himself of statute or rule requiring authority to contract regarding real estate to be in writing, 78 A.L.R. 588.
Public records as notice of facts starting running of statute of limitations against action based on fraud, 137 A.L.R. 268.
Duty of vendor of real property to disclose to purchaser condition of building thereon which affects health or safety of persons using same, 141 A.L.R. 967.
Liability of vendor of structure for failure to disclose that it was built on filled ground, 80 A.L.R.2d 1453.
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.
Real estate broker's liability to purchaser for misrepresentation or nondisclosure of physical defects in property, 46 A.L.R.4th 546.
