Fraud as actual or constructive
Applied in 2 court decisions — leading case 404 F. Supp. 2d 1023 - Thompson v. American General Life & Accident Insurance (2005)
Most recently applied in Nelson v. Alliance Hospitality Mgmt., LLC (August 2013)
— Orig
(a) Fraud may be actual or constructive.
(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.
(c) Actual fraud implies moral guilt; constructive fraud may be
consistent with innocence.
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.