GA Code § 23-2-51 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 3 - Fraud|§ 23-2-51. Fraud as Actual or Constructive

  Fraud may be actual or constructive.   Actual fraud consists of any kind of artifice by which another is deceived. Constructive fraud consists of any act of omission or commission, contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the injury of another.   Actual fraud implies moral guilt; constructive fraud may be consistent with innocence.    (Orig. Code 1863, § 3104; Code 1868, § 3116; Code 1873, § 3173; Code 1882, § 3173; Civil Code 1895, § 4025; Civil Code 1910, § 4622; Code 1933, § 37-702.)   Law reviews.   - For case note, "Lynch v. Waters: Tolling Georgia's Statute of Limitations for Medical Malpractice," see 38 Mercer L. Rev. 1493 (1987).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Fraud Generally   Pleading and Practice    RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Equity, § 20. 37 Am. Jur. 2d, Fraud and Deceit, § 4.   C.J.S.   - 30 C.J.S., Equity, § 48 et seq. 37 C.J.S., Fraud, § 2.   ALR.    - Remedy of contractor, who has partially performed before discovering fraud, as to character or amount of work, 2 A.L.R. 1396.    Presence of noxious weeds as ground for rescission of contract for purchase of land, 2 A.L.R. 1511.    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.    Fraud or perjury in misrepresenting status or relationship essential to the judgment as ground of relief from, or injunction against, judgment, 49 A.L.R. 1219.    May offense of obtaining money or property by false pretenses or confidence game be predicated on obtaining loan or renewal thereof, 52 A.L.R. 1167.    Misrepresentation or mistake as to whether corporate stock is assessable as one of law or of fact, 65 A.L.R. 1256.    Examination of real property by purchaser before entering into contract as precluding rescission on ground of falsity of representations, 70 A.L.R. 942.    Misrepresentation as to market price or market value as fraud, 71 A.L.R. 622.    Fraud: necessity for knowledge of falsity of representation as to value, inducing subscription to or purchase of corporate stock, or other securities, 73 A.L.R. 1120.    Civil liability of bank officer or director permitting deposit after insolvency of bank, 87 A.L.R. 1402.    Promises and statements as to future events as fraud, 91 A.L.R. 1295; 125 A.L.R. 879.    Application of principal that false representations made to one person with intention that another may act thereon are actionable in favor of latter, 91 A.L.R. 1363.    Illegal or fraudulent intent of prosecuting witness or person defrauded as defense in prosecution based on false representations, 95 A.L.R. 1249; 128 A.L.R. 1520.    Financial statement by borrower as basis of loan or extension of credit, 104 A.L.R. 921.    Action for fraud or deceit predicated upon oral contract within the statute of frauds or the transaction of which the oral contract was a part, 104 A.L.R. 1420.    Concealment of fact that one of parties to land contract was acting for third person, or misrepresentation as to identity of party for whom he was acting as reason for denying specific performance, or for rescission of contract, 121 A.L.R. 1162.    Fraud predicated upon misrepresentation by grantee or transferee regarding grantor's or transferrer's title, 136 A.L.R. 1299.    What amounts to fraud on contractor, sustaining rescission or action for damages under building or construction contract, 166 A.L.R. 938.    Doctrine of constructive trust or unjust enrichment as applicable between owner and one who fraudulently procures tax certificates, 175 A.L.R. 700.   Real estate broker's right to commission where purchaser refuses to go through with executory contract because of reckless misrepresentation made to him by broker respecting property, 9 A.L.R.2d 504.   Misrepresentation as to loan commitment on real estate as ground of action, counterclaim, or rescission by vendee, 14 A.L.R.2d 1347.   Misrepresentation by one other than insurance agent as to coverage, exclusion, or legal effect of insurance policy, as actionable, 29 A.L.R.2d 213.   Misrepresentation by lessor, in negotiations for lease, as to offers of rental received from third persons, as actionable fraud, 30 A.L.R.2d 923.   Liability of vendor of structure for failure to disclose that it was built on filled ground, 80 A.L.R.2d 1453.   Reasonable expectation of payment as affecting offense under "worthless check" statutes, 9 A.L.R.3d 719.   Employer's misrepresentations as to employee's or agent's future earnings as actionable fraud, 16 A.L.R.3d 1311.   Application of "bad check" statute with respect to postdated checks, 52 A.L.R.3d 464.   Consumer class actions based on fraud or misrepresentation, 53 A.L.R.3d 534.   Promissory estoppel as basis for avoidance of statute of frauds, 56 A.L.R.3d 1037.   Automobile or motorcycle as necessary for infant, 56 A.L.R.3d 1335.   Automobile insurance: concealment or nondisclosure of physical defects or conditions as avoiding coverage, 72 A.L.R.3d 804.   Spouse's acceptance or retention of benefits of other spouse's fraudulent act as ratification of transaction, 82 A.L.R.3d 625.   Fraud predicated on vendor's misrepresentation or concealment of danger or possibility of flooding or other unfavorable water conditions, 90 A.L.R.3d 568.   Action based upon reconveyance, upon promise of reconciliation, of property realized from divorce award or settlement, 99 A.L.R.3d 1248.   Modern status of rules to avoidance of release of personal injury claim on ground of mistake as to nature and extent of injuries, 13 A.L.R.4th 686.   Modern status of rule that crime of false pretenses cannot be predicated upon present intention not to comply with promise or statement as to future act, 19 A.L.R.4th 959.