23-2-53. Suppression of fact as fraud.

Active

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

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.

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, § 3106; Code 1868, § 3118; Code 1873, § 3175; Code 1882, § 3175; Civil Code 1895, § 4027; Civil Code 1910, § 4624; Code 1933, § 37-704.

Law reviews

For article, ‘‘Common Fact Patterns of Stock Broker Fraud and Misconduct,’’ see 7 Ga. St. B.J. 14 (2002). For note as to recovery by home buyer for fraud in passive concealment by vendor, see 29 Mercer L. Rev. 323 (1977).

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 357; merge action: annotated; file SHA-256 b3cf4ff62f2f.