GA Code § 13-5-5 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 5 - Defenses|Article 1 - General Provisions|§ 13-5-5. Fraud

 Fraud renders contracts voidable at the election of the injured party.   (Orig. Code 1863, § 2715; Code 1868, § 2709; Code 1873, § 2751; Code 1882, § 2751; Civil Code 1895, § 3669; Civil Code 1910, § 4254; Code 1933, § 20-502.)   Cross references.   - General rules of pleading and requirement of setting forth fraud as an affirmative defense, § 9-11-8.    Pleading of special matters, § 9-11-9.    Fraud generally, § 23-2-50 et seq.   Law reviews.   - For article discussing effect of contracts involving fraud or inadequate consideration, see 4 Ga. L. Rev. 469 (1970). For annual survey of law of business associations, see 56 Mercer L. Rev. 77 (2004). For note, "Incontestability Clauses in Georgia Insurance Contracts," see 13 Ga. L. Rev. 850 (1979). For comment criticizing Gignilliat v. Borg, 131 Ga. App. 182, 205 S.E.2d 479 (1974), holding vendor's misrepresentation as to status of property under zoning ordinance not fraudulent, see 26 Mercer L. Rev. 349 (1974).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Effect of Disclaimers   What Constitutes Fraud    RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 142, 143, 178 et seq., 394. 37 Am. Jur. 2d, Fraud and Deceit, §§ 17, 42, 46.   C.J.S.   - 17 C.J.S., Contracts, §§ 166, 195 et seq.   ALR.    - Remedy of contractor, who has partially performed before discovering fraud, as to character or amount of work, 2 A.L.R. 1396.    Relief as regards outstanding money obligation in action for damages for fraud in inducing contract, 3 A.L.R. 74.    Action on implied contract arising out of fraud as within statutes of limitation applicable to fraud, 3 A.L.R. 1603.    Validity of separation agreement as affected by fraud, coercion, unfairness, or mistake, 5 A.L.R. 823.    Validity and effect of stipulation to the effect that vendee or purchaser does not rely upon representations of vendor or seller, or the latter's agent, 10 A.L.R. 1472.    Validity of agreement to pay an officer or employee of a bank or trust company to disclose the existence of, or to assist one to establish, a deposit, 18 A.L.R. 979.    Fraud inducing deposits or subscription to stock in building and loan association as ground of rescission or preference where association is insolvent, 100 A.L.R. 573.    Punitive or exemplary damages in action in tort based on fraudulent sale, 165 A.L.R. 614.    Enforceability, as between parties, of an executory agreement made in fraud of creditors, 172 A.L.R. 1121.   Proceeding under executory contract after discovering fraud as waiver of right to recover damages for the fraud, 13 A.L.R.2d 807.   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.   "Merger" clause in written contract as precluding conviction for false pretenses based on earlier oral false representations, 94 A.L.R.2d 570.   Waiver of right to widow's allowance by postnuptial agreement, 9 A.L.R.3d 955.   Seller's liability for fraud in connection with contract for the sale of long-term dancing lessons, 28 A.L.R.3d 1412.   Zoning or other public restrictions on the use of property as affecting rights and remedies of parties to contract for the sale thereof, 39 A.L.R.3d 362.   Public contracts: duty of public authority to disclose to contractor information, allegedly in its possession, affecting cost or feasibility of project, 86 A.L.R.3d 182.   Claim of fraud in inducement of contract as subject to compulsory arbitration clause contained in contract, 11 A.L.R.4th 774.