Code of Alabama
Ala. Code § 6-5-103 (2026)
Deceit - Right of Action Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury, will give a right of action. Mere concealment of such a fact, unless done in such a manner as to deceive and mislead, will not support an action. In all cases of deceit, knowledge of a falsehood constitutes an essential element. A fraudulent or reckless representation of facts as true, which the party may not know to be false, if intended to deceive, is equivalent to a knowledge of the falsehood.
(Code 1907, §2469; Code 1923, §5677; Code 1940, T. 7, §110.)
Notes of Decisions
Cited in 53
cases (3 in the last 5 years), 1979–2023 · leading case: Ex Parte Lewis, 416 So. 2d 410 (Ala. 1982).
Ex Parte Lewis, 416 So. 2d 410 (Ala. 1982). “" The elements which, when proved, sustain an action in deceit and the concomitant recovery of punitive damages, are set out at § 6-5-103, which states in part: "Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury,…”
Grider v. City of Auburn, Ala., 618 F.3d 1240 (11th Cir. 2010). “2006) (fraudulent misrepresentation); Ala.Code § 6-5-103 (deceit); Ex parte Dial Kennels of Ala.”
Mobile Dodge, Inc. v. Waters, 404 So. 2d 26 (Ala. 1981). “I concur specially in order to emphasize, and hopefully to clarify, the burden of proof with respect to punitive damages pursuant to Code 1975, § 6-5-103. Bad faith, the gravamen of this action, means fraudulent intent; and punitive damages will lie where one is in fact injured…”
Alfa Mut. Ins. Co. v. Northington, 561 So. 2d 1041 (Ala. 1990). “Code 1975, § 6-5-101, and that Northington did "act to his injury," Ala.Code 1975, § 6-5-103. The phrases "acted on" and "act to his injury" have been judicially interpreted as "relied upon"; and this Court has held that a person has not acted on a representation unless he has…”
Dodd v. Nelda Stephenson Chevrolet, Inc., 626 So. 2d 1288 (Ala. 1993). “Although knowledge of a falsehood or reckless disregard for the truth is an essential element of the tort of deceit, § 6-5-103, Alabama Code 1975, it is not an element of the tort of innocent misrepresentation.”
Hood v. Bennitt (In Re Bennitt), 348 B.R. 820 (Bankr. N.D. Ala. 2006). “Code of Ala.1975, § 6-5-103. And section 6-5-104 provides: (a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any damage which he thereby suffers.”
Am. Honda Motor Co., Inc. v. Boyd, 475 So. 2d 835 (Ala. 1985). “1982), wherein Justice Jones, in his special concurrence, stated: The elements which, when proved, sustain an action in deceit and the concomitant recovery of punitive damages, are set out at § 6-5-103, which states in part: "Willful misrepresentation of a material fact made to…”
Spring Hill Lighting & Supply Co. v. Square D Co., Inc., 662 So. 2d 1141 (Ala. 1995). “Code 1975, § 6-5-101] nor [Ala.Code 1975, § 6-5-103] [speaks] of future occurrences.”
Grider v. City of Auburn, 628 F. Supp. 2d 1322 (M.D. Ala. 2009). “A claim for deceit requires similar elements except that, pursuant to 1975 Ala. Code § 6-5-103 and § 6-5-104, deceit also requires that the misrepresentation be willful or reckless and made with the intent to deceive.”
Flying J Fish Farm v. Peoples Bank of Greensboro, 12 So. 3d 1185 (Ala. 2008). “Code 1975, had suppressed material facts, (3) that Lawson, Peoples Bank, its directors, and Alabama Catfish, in violation of § 6-5-103, Ala.Code 1975, had deceived the Jays regarding material facts, (4) that the Peoples Bank defendants and Alabama Catfish were unjustly enriched…”
S. States Ford, Inc. v. Proctor, 541 So. 2d 1081 (Ala. 1989). “Code 1975, § 6-5-101), and an action based on "deceit" requires a willful misrepresentation of a material fact that is made to induce another to act, and the opposite party must in fact act upon it to his injury (§ 6-5-103). The concept described in legislative parlance as…”
Joe Cooper & Assoc. v. Cent. Life, 614 So. 2d 982 (Ala. 1993). “In all cases of deceit, knowledge of a falsehood constitutes an essential element. A fraudulent or reckless representation of facts as true, which the party may not know to be false, if intended to deceive, is equivalent to a knowledge of the falsehood.”
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