Code of Alabama
Ala. Code § 6-5-101 (2026)
Fraud - Misrepresentations of Material Facts.
✓ official Alabama Legislature (ALISON) text, current July 2026
Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.
(Code 1907, §4298; Code 1923, §8049; Code 1940, T. 7, §108.)
Notes of Decisions
Cited in 243
cases (17 in the last 5 years), 1978–2026 · leading case: Foremost Ins. Co. v. Parham, 693 So. 2d 409 (Ala. 1997).
Foremost Ins. Co. v. Parham, 693 So. 2d 409 (Ala. 1997). “See Ala.Code 1975, § 6-5-101; Harton v. Belcher, 195 Ala.”
Hanners v. Balfour Guthrie, Inc., 564 So. 2d 412 (Ala. 1990). “Hanners's fraud claim is predicated upon Balfour's alleged misrepresentations concerning Balfour's intent to perform under its contracts with Hannersto pay "Net cash, receipt of invoice.”
Ex Parte Lewis, 416 So. 2d 410 (Ala. 1982). “This is the first provision in [§ 6-5-101]. The last alternative found in [§ 6-5-101] relates to a fraud made by mistake and innocently.”
Bank of Red Bay v. King, 482 So. 2d 274 (Ala. 1985). “" The Kings also claimed that the Bank willfully or recklessly misrepresented a material fact under Code of 1975, § 6-5-101, which provides: "Misrepresentations of a material fact made willfuly to deceive, or recklessly without knowledge, and acted on by the opposite party, or…”
Mccullar v. Univ. Underwriters Life Ins., 687 So. 2d 156 (Ala. 1996). “" Ala.Code 1975, § 6-5-101 (emphasis added).”
Cherokee Farms, Inc. v. Fireman's Fund Ins. Co., 526 So. 2d 871 (Ala. 1988). “III Third, the plaintiffs amended their original complaint to allege fraud, both by misrepresentation and suppression, under Ala. Code 1975, §§ 6-5-101 and -102. A Turning first to the suppression question, we hold that the trial judge properly granted summary judgment as to…”
HealthAmerica v. Menton, 551 So. 2d 235 (Ala. 1989). “Lopus, the legislature of Alabama in 1907 codified laws that it had enacted that provided civil actions for fraud (now Code 1975, § 6-5-100), for misrepresentations of material fact (now § 6-5-101), for suppression of material facts (now § 6-5-102), and for deceit (now §…”
Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). “In response to his discharge, Davis filed this suit against the ILA in the Circuit Court of Mobile County, alleging fraud and misrepresentation under Ala. Code § 6-5-101 (1975). [5] The case proceeded to trial, and a jury entered a verdict in Davis' favor in the amount of…”
Mitzi Lawson v. Harris Culinary Enter., LLC, 83 So. 3d 483 (Ala. 2011). ““To establish a cause of action for fraudulent misrepresentation, the plaintiff must show 1) that the defendant made a misrepresentation; 2) that that misrepresentation concerned a material existing fact; 8) that the plaintiff relied on the misrepresentation; and 4) that the…”
Madison Cnty. v. Evanston Ins. Co., 340 F. Supp. 3d 1232 (N.D. Ala. 2018). “GENUINE ISSUES OF MATERIAL FACT EXIST AS TO PLAINTIFFS' FRAUD CLAIMS AGAINST ACH Plaintiffs allege a claim of fraud against ACH pursuant to Ala. Code § 6-5-101 . Under Alabama law, "misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge,…”
AmerUs Life Ins. Co. v. Smith, 5 So. 3d 1200 (Ala. 2008). “See also § 6-5-101, Ala.Code 1975. Moreover, a plaintiff must prove that he or she reasonably relied on the defendant's misrepresentation in order to recover damages for fraud.”
Exxon Mobil Corp. v. Ala. Dept. of Conservation & Nat. Resources, 986 So. 2d 1093 (Ala. 2007). “§ 6-5-101, Ala.Code 1975 ("Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.”
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