26.010 Fraud and Deceit; Definitions; Presumption and Proof

26.010 Fraud and Deceit; Definitions; Presumption and Proof A person commits fraud when that person makes a misrepresentation that is intended to deceive and that does deceive. Thompson v. Wilkins, 143 Ga. App. 739 (1977) Fraud may be actual or constructive. Actual fraud consists of any method by which another is deceived. Constructive fraud consists of any act done (or not done that should have been done) contrary to legal or equitable duty, trust, or confidence upon which another person relies to the injury of that person. Actual fraud implies moral guilt, while constructive fraud may be consistent with innocence. Fraud may not be presumed, but slight circumstances may be enough to prove its existence. To prove fraud, the following elements are required: a. a false representation, b. intent to deceive, c. an intention to induce the plaintiff to act or refrain from acting in reliance on the false representation, d. justifiable reliance by the plaintiff on the false representation, and e. damage to the plaintiff. O.C.G.A. §§23-2-51, 23-2-57 Marriott Corp. v. American Academy of Psychotherapists Inc., 157 Ga. App. 497, 499 (1981) City Dodge v. Gardner, 232 Ga. 766, 769-770, fn.1 (1974) Kodadek v. Lieberman, 247 Ga. App. 606 (2001)