227 Ga. App. 401 - Jones v. Cartee’s Empirical Analysis
1997
Citation profile
11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently June 2019
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gibson v. Alford · 196 Ga. App. 234 - Carpenter v. Curtis · 202 Ga. App. 107 - American Demolition, Inc. v. Hapeville Hotel Ltd. Partnership · 181 Ga. App. 883 - Potomac Leasing Co. v. Thrasher · 207 Ga. App. 296 - Consulting Construction Corp. v. Edwards
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a false representation; (2) scienter; (3) intention to induce plaintiff to act or refrain from acting; (4) justifiable reliance by plaintiff; and (5) damage to plaintiff. Lykins v. Nationwide Mut. Ins. Co., 214 Ga. App. 577, 579 (2) ( 448 SE2d 716 ) (1994). With regard to the element of scienter, “(t)he gist . . . of an action for damages in tort based on the falsity of representations is that they must have involved actual moral guilt.” (Citations and punctuation omitted.) Bennett v. Clark, 192 Ga. App. 698, 699 (1) ( 385 SE2d 780 ) (1989).”
1 later decision quote this exact passage“Depending upon which of the two actions is ultimately pursued, the presence of a merger clause in the underlying contract may be determinative as to the successful outcome. If the defrauded party has not rescinded but has elected to affirm the contract, he is relegated to a recovery in contract and the merger clause will prevent his recovery [in tort]. If, on the other hand, he does rescind the contract, the merger clause will not prevent his recovery under a tort theory.”
1 later decision quote this exact passage“In general, [when there is a merger provision in the contract], a party alleging fraudulent inducement to enter a contract has two options: (1) affirm the contract and sue [in contract] for breach; or (2) rescind the contract and sue in tort for fraud. (Cits.)”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.