26.040 Fraud and Deceit; Misrepresentation and Concealment | Pdf Doc Docx | Georgia_JI

 Fraud and Deceit 
26.040 Fraud and Deceit; Misrepresentation and Concealment | Pdf Doc Docx | Georgia_JI

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26.040 Fraud and Deceit; Misrepresentation and Concealment

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Description

26.040 Fraud and Deceit; Misrepresentation and Concealment Misrepresentation of a material fact, if acted on by the opposite party, constitutes legal fraud, whether the misrepresentation was intentional or not. If there is a willful misrepresentation of a material fact, which was made to induce another person to act and causes that person to act and the person is injured, then the person who is injured has a right of action. Mere concealment of a fact, unless done in a manner to deceive and mislead, will not support an action. In all cases of deceit, knowledge of the falsehood constitutes an essential element. However, fraudulent or reckless misrepresentation of facts as true, which the party may not know to be false, if intended to deceive, is equivalent to a knowledge of the falsehood. O.C.G.A. §23-2-52 Jordan v. Belvin, 57 Ga. App. 719, 723 (1938) First of Georgia Co. v. Maddox, 217 Ga. 416, 417 (1961) Kodadek v. Leiberman, 247 Ga. App. 606 (2001)

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