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Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 3. FRAUD

23-2-51. Fraud as actual or constructive.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Fraud may be actual or constructive.#

  2. (b)

    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.#

  3. (c)

    Actual fraud implies moral guilt; constructive fraud may be consistent with innocence.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3104; Code 1868, § 3116; Code 1873, § 3173; Code 1882, § 3173; Civil Code 1895, § 4025; Civil Code 1910, § 4622; Code 1933, § 37-702.

Law reviews

For case note, ‘‘Lynch v. Waters: Tolling Georgia’s Statute of Limitations for Medical Malpractice,’’ see 38 Mercer L. Rev. 1493 (1987).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 344; merge action: carried; file SHA-256 b3cf4ff62f2f.