GA Code § 51-6-2 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 6 - Fraud and Deceit|§ 51-6-2. When Misrepresentation of Material Fact Actionable as Deceit; Effect of Mere Concealment; Knowledge of Falsehood Essential to Deceit; When Knowledge Implied

  Willful misrepresentation of a material fact, made to induce another to act, upon which such person acts to his injury, will give him a right of action. Mere concealment of a material fact, unless done in such a manner as to deceive and mislead, will not support an action.   In all cases of deceit, knowledge of the falsehood constitutes an essential element of the tort. A fraudulent or reckless representation of facts as true when they are not, if intended to deceive, is equivalent to a knowledge of their falsehood even if the party making the representation does not know that such facts are false.    (Orig. Code 1863, § 2901; Code 1868, § 2907; Code 1873, § 2958; Code 1882, § 2958; Civil Code 1895, § 3814; Civil Code 1910, § 4410; Code 1933, § 105-302.)   Law reviews.   - For note discussing limits of tort action for deceit as a consumer remedy, see 25 Emory L.J. 445 (1976). For note, "Misrepresentations and Nondisclosures in the Insurance Application," see 13 Ga. L. Rev. 876 (1979). For comment on Aderhold v. Zimmer, 86 Ga. App. 204, 71 S.E.2d 270 (1952), see 15 Ga. B. J. 355 (1953). 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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application to Specific Cases    RESEARCH REFERENCES   Am. Jur. 2d.   - 37 Am. Jur. 2d, Fraud and Deceit, §§ 12 et seq., 48 et seq., 137 et seq., 194 et seq.   Misrepresentation in Automobile Sales, 13 Am. Jur. Trials 253.   C.J.S.   - 37 C.J.S., Fraud, §§ 18 et seq., 39 et seq.   ALR.    - 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.    Genuine making of instrument for purpose of defrauding as constituting forgery, 41 A.L.R. 229; 46 A.L.R. 1529; 51 A.L.R. 568.    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.    Liability of infant in tort for inducing contract by misrepresenting his age, 67 A.L.R. 1264.    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.    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.    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.    Concealment of or failure to disclose existence of person interested in estate as extrinsic fraud which will support attack on judgment in probate proceedings, 113 A.L.R. 1235.    Right of public board or officials to rely on misrepresentations by other party to contract relating to matters as to which former had, or should have had, special knowledge in their official capacity, 123 A.L.R. 1063.    Independent advice as essential to validity of transaction between persons occupying a confidential or fiduciary relationship, 123 A.L.R. 1505.    Fraud predicated upon misrepresentation by grantee or transferee regarding grantor's or transferrer's title, 136 A.L.R. 1299.    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.    Crime of false pretenses as predictable upon present intention not to comply with promise or statement as to future act, 168 A.L.R. 833.   Liability of vendor's real estate broker or agent to purchaser for misrepresentations as to, or nondisclosure of, physical defects of property sold, 8 A.L.R.2d 550.   Misrepresentation as to loan commitment on real estate as ground of action, counterclaim, or rescission by vendee, 14 A.L.R.2d 1347.   Avoidance of release of claim for personal injuries on ground of misrepresentation as to matters of law by tort-feasor or his representative insurer, 21 A.L.R.2d 272.   Misrepresentation as to matters of foreign law as actionable, 24 A.L.R.2d 1039.   False representations as to income, profits, or productivity of property as fraud, 27 A.L.R.2d 14.   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.   Misrepresentations as to financial condition or credit of third person as actionable by one extending credit in reliance thereon, 32 A.L.R.2d 184.   Misrepresentation as to third person's present intention as to future act as actionable fraud, 40 A.L.R.2d 971.   False statement as to existing encumbrance on chattel in obtaining loan or credit as criminal false pretense, 53 A.L.R.2d 1215.   Tort liability for damages for misrepresentations as to area of real property sold or exchanged, 54 A.L.R.2d 660.   Broker's liability for damages or losses sustained by vendor of real property to vendee because of broker's misrepresentations, 61 A.L.R.2d 1237.   Liability of one putative spouse to other for wrongfully inducing entry into or cohabitation under illegal, void, or nonexistence marriage, 72 A.L.R.2d 949.   Liability of vendor of structure for failure to disclose that it was built on filled ground, 80 A.L.R.2d 1453.   Modern status of rule requiring actual knowledge of latent defect in leased premises as prerequisite to landlord's liability to tenant injured thereby, 88 A.L.R.2d 586.   Criminal responsibility for fraud or false pretenses in connection with home repairs or installations, 99 A.L.R.2d 925.   "Out of pocket" or "benefit of bargain" as proper rule of damages for fraudulent representations inducing contract for the transfer of property, 13 A.L.R.3d 875.   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.   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.   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.   Liability of bank, to other than party whose financial condition is misrepresented, for erroneous credit information furnished by bank or its directors, officers, or employees, 77 A.L.R.3d 6.   Real estate broker's liability for misrepresentation as to income from or productivity of property, 81 A.L.R.3d 717.   Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.   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.   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.   Real estate broker's liability to purchaser for misrepresentation or nondisclosure of physical defects in property, 46 A.L.R.4th 546.   "Wrongful adoption" causes of action against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1.