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26.030 Fraud and Deceit; Diligence Required of Plaintiff
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Description
26.030 Fraud and Deceit; Diligence Required of Plaintiff Before a person is entitled to relief on the ground of fraud, deceit, or misrepresentation, it must appear that the person used ordinary care to find out the facts and protect against loss, unless a confidential relationship existed between the parties. (The remainder of the charge should only be given if applicable to the facts.) When one person is placed in such relationship to another that they both become interested in any subject or property, they are prohibited from acquiring rights in that subject or property in conflict with each other. Any relations shall be considered confidential when one party is so situated as to exercise a controlling influence over the will, conduct, or interest of another or when from such relation of mutual confidence the law requires utmost good faith. O.C.G.A. §§23-2-58, 23-2-59 Skinner v. Melton, 84 Ga. App. 98 (1951) Scott v. Fulton National Bank, 92 Ga. App. 741 (1955); and other cases cited to note "diligence" following O.C.G.A. §51-6-2