In all cases of fraud, except fraud in the execution of a will, equity has concurrent jurisdiction with the law. History. Orig. Code 1863, § 3103; Code 1868, § 3115; Code 1873, § 3172; Code 1882, § 3172; Civil Code 1895, § 4024; Civil Code 1910, § 4621; Code 1933, § 37-701. Cross references. For […]
Fraud may be actual or constructive. Actual fraud consists of any kind of artifice by which another is deceived. Constructive fraud consists of any act of omission or commission, contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the injury of another. Actual fraud […]
Misrepresentation of a material fact, made willfully to deceive or recklessly without knowledge and acted on by the opposite party or made innocently and mistakenly and acted on by the opposite party, constitutes legal fraud. History. Orig. Code 1863, § 3105; Code 1868, § 3117; Code 1873, § 3174; Code 1882, § 3174; Civil Code […]
Suppression of a material fact which a party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case. History. Orig. Code 1863, § 3106; Code 1868, § 3118; Code 1873, § 3175; Code 1882, § 3175; […]
Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted. History. Orig. Code 1863, § […]
Any attempt to encroach upon the business of a trader or other person by the use of similar trademarks, names, or devices, with the intention of deceiving and misleading the public, is a fraud for which equity will grant relief. History. Orig. Code 1863, § 3112; Code 1868, § 3124; Code 1873, § 3181; Code […]
Fraud may be consummated by signs or tricks, or through agents employed to deceive, or by any other unfair way used to cheat another. History. Orig. Code 1863, § 3107; Code 1868, § 3119; Code 1873, § 3176; Code 1882, § 3176; Civil Code 1895, § 4028; Civil Code 1910, § 4625; Code 1933, § […]
Fraud may not be presumed but, being in itself subtle, slight circumstances may be sufficient to carry conviction of its existence. History. Orig. Code 1863, § 2715; Code 1868, § 2709; Code 1873, § 2751; Code 1882, § 2751; Civil Code 1895, § 4029; Civil Code 1910, § 4626; Code 1933, § 37-706.
Any relationship shall be deemed confidential, whether arising from nature, created by law, or resulting from contracts, where one party is so situated as to exercise a controlling influence over the will, conduct, and interest of another or where, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as […]
Where, by the act or consent of parties or the act of a third person or of the law, one person is placed in such relation to another that he becomes interested for him or with him in any subject or property, he is prohibited from acquiring rights in that subject or property which are […]
Fraud will authorize equity to annul conveyances, however solemnly executed. History. Orig. Code 1863, § 3109; Code 1868, § 3121; Code 1873, § 3178; Code 1882, § 3178; Civil Code 1895, § 4032; Civil Code 1910, § 4629; Code 1933, § 37-709; Ga. L. 1986, p. 294, § 4.
