GA Code § 51-6-1 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 6 - Fraud and Deceit|§ 51-6-1. Right of Action for Fraud Accompanied by Damage

 Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party.   (Orig. Code 1863, § 2900; Code 1868, § 2906; Code 1873, § 2957; Code 1882, § 2957; Civil Code 1895, § 3813; Civil Code 1910, § 4409; Code 1933, § 105-301.)   Cross references.   - Equity jurisdiction over fraud, § 23-2-50 et seq.   Law reviews.   - For article, "Consumer Protection Against Sellers Misrepresentations," see 20 Mercer L. Rev. 414 (1969). For article discussing ex parte rescission of sales contract for fraud and suit for fraud and deceit, in light of City Dodge, Inc. v. Gardner, 232 Ga. 766, 208 S.E.2d 794 (1974), see 11 Ga. St. B. J. 172 (1975). For comment on Gardner v. Celanese Corp. of America, 88 Ga. App. 642, 76 S.E.2d 817 (1953), see 16 Ga. B. J. 340 (1954). For comment on Whiten v. Orr Constr. Co., 109 Ga. App. 267, 136 S.E.2d 136 (1964), see 1 Ga. St. B. J. 234 (1964). For comment, "Damage Awards and Computer Systems - Trends," see 35 Emory L.J. 255 (1986).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application to Specific Cases    RESEARCH REFERENCES   Am. Jur. 2d.   - 37 Am. Jur. 2d, Fraud and Deceit, § 12.   C.J.S.   - 37 C.J.S., Fraud, §§ 12 et seq., 20, 25, 102-104, 109 et seq.   ALR.    - Obligee's concealment of facts or evasive answers as fraud against surety, 8 A.L.R. 1485.    May offense of obtaining money or property by false pretenses or confidence game be predicated on obtaining loan or renewal thereof, 24 A.L.R. 397; 52 A.L.R. 1167.    Rights and remedies of one whose funds are fraudulently used in the purchase or improvement of real property, 47 A.L.R. 371; 48 A.L.R. 1269.    Fraud of vendee or buyer inducing vendor or seller to accept less favorable terms as sustaining an action in tort, 52 A.L.R. 1153.    Opportunity of buyer of personal property to ascertain facts as affecting claim of fraud on part of seller in misrepresenting property, 61 A.L.R. 492.    Gift by husband as fraud on wife, 64 A.L.R. 466; 49 A.L.R.2d 521.    Promises and statements as to future events as fraud, 68 A.L.R. 635; 91 A.L.R. 1296; 125 A.L.R. 879.    Cancellation or rescission of contract for vendee's failure to comply therewith as affecting his right in tort against the vendor for the latter's fraud, 74 A.L.R. 169.    Admissibility of evidence of good character of party for truth and honesty on issue of fraud in civil action, 78 A.L.R. 643.    Civil liability of bank officer or director permitting deposit after insolvency of bank, 87 A.L.R. 1402.    Right of action for damages against third person for fraud in inducing marriage, 88 A.L.R. 786.    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.    Dealings between seller and buyer after latter's knowledge of former's fraud as waiver of claim for damages on account of fraud, 106 A.L.R. 172.    Effect of action as an election of remedy or choice of substantive rights in case of fraud in sale of property, 123 A.L.R. 378.    Excessive security for debt as affecting question of fraud upon creditors, 138 A.L.R. 1051.    Condition and measure of damages in tort action for fraud inducing loan, 162 A.L.R. 698.    Location of land as governing venue of action for damages for fraud in sale of real property, 163 A.L.R. 1312.    Pleading avoidance of delay in discovery of fraud in order to toll statute of limitations, 172 A.L.R. 265.   Right with respect to proceeds of life insurance of one whose funds have been wrongfully used to pay premiums, 24 A.L.R.2d 672.   Admissibility, in tort action for fraud, of evidence as to price for which the assertedly defrauded purchaser of property sold it, 31 A.L.R.2d 1064.   Misrepresentation as to third person's present intention as to future act as actionable fraud, 40 A.L.R.2d 971.   Tort liability for damages for misrepresentations as to area of real property sold or exchanged, 54 A.L.R.2d 660.   Gift or other voluntary transfer by husband as fraud on wife, 49 A.L.R.2d 521.   Right of action for fraud, duress, or the like, causing instant plaintiff to release or compromise a cause of action against third person, 58 A.L.R.2d 500.   Right of life insurer to restitution of payments made because of fraud as to death of insured, 59 A.L.R.2d 1107.   Measure of damages recoverable for fraud as to the credit or financial condition of a third person, 72 A.L.R.2d 943.   Liability of one putative spouse to other for wrongfully inducing entry into or cohabitation under illegal, void, or nonexistent marriage, 72 A.L.R.2d 949.   Criminal responsibility for fraud or false pretenses in connection with home repairs or installations, 99 A.L.R.2d 925.   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.   Receiver's personal liability for negligence in failing to care for or maintain property in receivership, 20 A.L.R.3d 967.   Duty of vendor of real estate to give purchaser information as to termite infestation, 22 A.L.R.3d 972.   Criminal liability for unauthorized use of a credit card, 24 A.L.R.3d 986.   Measure of damages for fraudulently inducing employment contract, 24 A.L.R.3d 1388.   Employer's misrepresentation as to prospect, or duration, of employment as actionable fraud, 24 A.L.R.3d 1412.   Actionability of conspiracy to give or to procure false testimony or other evidence, 31 A.L.R.3d 1423.   Insurer's tort liability for acts of adjuster seeking to obtain settlement or release, 39 A.L.R.3d 739.   Workmen's compensation provision as precluding employee's action against employer for fraud, false imprisonment, defamation, or the like, 46 A.L.R.3d 1279.   Consumer class actions based on fraud or misrepresentation, 53 A.L.R.3d 534.   Validity of express statutory grant of power to state to seek, or to court to grant, restitution of fruits of consumer fraud, 59 A.L.R.3d 1222.   Recovery for mental anguish or emotional distress, absent independent physical injury, consequent upon breach of contract in connection with sale of real property, 61 A.L.R.3d 922.   Fraud in connection with franchise or distributorship relationship, 64 A.L.R.3d 6.   Tax preparer's liability to taxpayer in connection with preparation of tax returns, 81 A.L.R.3d 1119.   Liability of estate for tort of executor, administrator, or trustee, 82 A.L.R.3d 892.   Recovery of punitive damages in action by purchasers of real property charging fraud or misrepresentation, 19 A.L.R.4th 801.   Real-estate broker's liability to purchaser for misrepresentation or nondisclosure of physical defects in property sold, 46 A.L.R.4th 546.