Code of Alabama
Ala. Code § 6-5-104 (2026)
Deceit - Fraudulent Deceit.
✓ official Alabama Legislature (ALISON) text, current July 2026
(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.
(b) A deceit within the meaning of this section is either:
(1) The suggestion as a fact of that which is not true by one who does not believe it to be true;
(2) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;
(3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact; or
(4) A promise made without any intention of performing it.
(Code 1923, §§7353, 7354; Code 1940, T. 7, §§111, 112.)
Notes of Decisions
Cited in 26
cases (6 in the last 5 years), 1987–2025 · leading case: Brown v. Mendel, 864 F. Supp. 1138 (M.D. Ala. 1994).
Brown v. Mendel, 864 F. Supp. 1138 (M.D. Ala. 1994). “Code § 6-5-104(a). One of the meanings of the word “deceit” for purposes of this statutory provision is “[t]he suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact.”
Park Ctr. Inc. v. Champion Int'l Corp., 804 F. Supp. 294 (S.D. Ala. 1992). “” Ala.Code § 6-5-104(a), (b)(3) (1975). 8 C.”
Hood v. Bennitt (In Re Bennitt), 348 B.R. 820 (Bankr. N.D. Ala. 2006). “Code of Ala.1975, § 6-5-104. Read together, sections 6-5-103 and 6-5-104 define the mens rea and delineate the conduct necessary to a cause of action for a willful or intentional deception.”
Grider v. City of Auburn, 628 F. Supp. 2d 1322 (M.D. Ala. 2009). “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.”
Montgomery Rubber & Gasket Co., Inc. v. Belmont Mach. Co., Inc., 308 F. Supp. 2d 1293 (M.D. Ala. 2004). “Code] § 6-5-103 and § 6-5-104, results from either a willful or reckless misrepresentation or a suppression of material facts with an intent to.”
Soniat v. Johnson-Rast & Hays, 626 So. 2d 1256 (Ala. 1993). “" (emphasis added)); § 6-5-104(b), Ala.Code 1975 ("A deceit within the meaning of this section [includes] (3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact.”
Perry v. Household Retail Servs., Inc., 953 F. Supp. 1370 (M.D. Ala. 1996). “” Ala.Code § 6-5-104(b)(8). However, the court notes that the plaintiff can recover the same element of damages only once; thus, the issue of double recovery will arise if the plaintiff prevails on both Counts III and IV at trial.”
Ford Motor Co. v. Sperau, 708 So. 2d 111 (Ala. 1997). “In addition, § 6-5-104(a), Ala.Code 1975, which defines the tort of fraudulent deceit, provides as follows: "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.”
In Re the Nw. Mut. Life Ins. Co. Sales Practices Litig., 70 F. Supp. 2d 466 (D.N.J. 1999). “” Ala.Code §§ 6-5-104 (1975); First Alabama Bank of Montgomery v.”
Brown Mach. Works & Supply, Inc. v. Ins. Co. of North Am., Inc., 951 F. Supp. 988 (M.D. Ala. 1996). “Aabama has codified the common law of fraud in § 6-5-100 through § 6-5-104 of the Alabama Code. To succeed on a fraud claim based upon a misrepresentation, a plaintiff must show: (1) a false representation of a material existing fact made intentionally, recklessly or innocently;…”
Cooper & Co., Inc. v. Lester, 832 So. 2d 628 (Ala. 2000). “See also § 6-5-103 and § 6-5-104, Ala.Code 1975. In this case the plaintiffs purchased new homes directly from the builder of the homes.”
McInnis v. Merrill Lynch, Pierce, Fenner & Smith, 821 F. Supp. 1243 (M.D. Tenn. 1992). “301), fraudulent misrepresentation and deceit under Alabama state law (Ala.Code § 6-5-104), and breach of contract and breach of fiducia *1245 ry duty.”
— Ala. Code § 6-5-104(a) — 5 cases
Brown v. Mendel, 864 F. Supp. 1138 (M.D. Ala. 1994). “Code § 6-5-104(a). One of the meanings of the word “deceit” for purposes of this statutory provision is “[t]he suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact.”
Park Ctr. Inc. v. Champion Int'l Corp., 804 F. Supp. 294 (S.D. Ala. 1992). “” Ala.Code § 6-5-104(a), (b)(3) (1975). 8 C.”
Ford Motor Co. v. Sperau, 708 So. 2d 111 (Ala. 1997). “In addition, § 6-5-104(a), Ala.Code 1975, which defines the tort of fraudulent deceit, provides as follows: "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.”
Mercer v. Davis & Berryman Int'l, Inc., 834 F.2d 922 (11th Cir. 1987).
Solyarik v. Allstate Ins. Co. (N.D. Ala. 2025).
— Ala. Code § 6-5-104(b) — 3 cases
Park Ctr. Inc. v. Champion Int'l Corp., 804 F. Supp. 294 (S.D. Ala. 1992). “” Ala.Code § 6-5-104(a), (b)(3) (1975). 8 C.”
Soniat v. Johnson-Rast & Hays, 626 So. 2d 1256 (Ala. 1993). “" (emphasis added)); § 6-5-104(b), Ala.Code 1975 ("A deceit within the meaning of this section [includes] (3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact.”
— Ala. Code § 6-5-104(b)(1) — 1 case
Solyarik v. Allstate Ins. Co. (N.D. Ala. 2025).
— Ala. Code § 6-5-104(b)(3) — 1 case
Brown v. Mendel, 864 F. Supp. 1138 (M.D. Ala. 1994). “Code § 6-5-104(a). One of the meanings of the word “deceit” for purposes of this statutory provision is “[t]he suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact.”
— Ala. Code § 6-5-104(b)(8) — 1 case
Perry v. Household Retail Servs., Inc., 953 F. Supp. 1370 (M.D. Ala. 1996). “” Ala.Code § 6-5-104(b)(8). However, the court notes that the plaintiff can recover the same element of damages only once; thus, the issue of double recovery will arise if the plaintiff prevails on both Counts III and IV at trial.”
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