basis for a fraud claim (Georgia) · Go Syfert
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basis for a fraud claim in Georgia

5 Georgia opinions name it 1 courts 1992–2011 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
ReMax North Atlanta v. Clarkgreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Clemente was not a party to the Dealer Agreement, and she does not contend that she was a third party beneficiary or assert a claim for breach of contract against Chrysler Motors. 8 See also ReMax North Atlanta v. Clark, 244 Ga. App. 890, 892-894 ( 537 SE2d 138 ) (2000) (representations by real estate agent that home was “in good condition” and “a good buy,” and that seller was “honest,” were general commendations that could not serve as the basis for a fraud claim); U-Haul Co. of Western Ga. v. Dillard Paper Co., 169 Ga. App. 280, 281 ( 312 SE2d 618 ) (1983) (representations “that the buildin

2008Clemente was not a party to the Dealer Agreement, and she does not contend that she was a third party beneficiary or assert a claim for breach of contract against Chrysler Motors. 8 See also ReMax North Atlanta v. Clark, 244 Ga. App. 890, 892-894 ( 537 SE2d 138 ) (2000) (representations by real estate agent that home was “in good condition” and “a good buy,” and that seller was “honest,” were general commendations that could not serve as the basis for a fraud claim); U-Haul Co. of Western Ga. v. Dillard Paper Co., 169 Ga. App. 280, 281 ( 312 SE2d 618 ) (1983) (representations “that the buildin

11
U-Haul Co. v. Dillard Paper Co.green
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Clemente was not a party to the Dealer Agreement, and she does not contend that she was a third party beneficiary or assert a claim for breach of contract against Chrysler Motors. 8 See also ReMax North Atlanta v. Clark, 244 Ga. App. 890, 892-894 ( 537 SE2d 138 ) (2000) (representations by real estate agent that home was “in good condition” and “a good buy,” and that seller was “honest,” were general commendations that could not serve as the basis for a fraud claim); U-Haul Co. of Western Ga. v. Dillard Paper Co., 169 Ga. App. 280, 281 ( 312 SE2d 618 ) (1983) (representations “that the buildin

2008Clemente was not a party to the Dealer Agreement, and she does not contend that she was a third party beneficiary or assert a claim for breach of contract against Chrysler Motors. 8 See also ReMax North Atlanta v. Clark, 244 Ga. App. 890, 892-894 ( 537 SE2d 138 ) (2000) (representations by real estate agent that home was “in good condition” and “a good buy,” and that seller was “honest,” were general commendations that could not serve as the basis for a fraud claim); U-Haul Co. of Western Ga. v. Dillard Paper Co., 169 Ga. App. 280, 281 ( 312 SE2d 618 ) (1983) (representations “that the buildin

11
Howard v. Barrongreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2006–2006
2 sentences

2006See Howard v. Barron, 272 Ga. App. 360, 363 (1) ( 612 SE2d 569 ) (2005).

2006See Howard v. Barron, 272 Ga. App. 360, 363 (1) ( 612 SE2d 569 ) (2005).

11
Condon v. Kunsegreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997And where the representation consists of general commendations or mere expressions of opinion, hope, expectation and the like . . . the party to whom it is made is not justified in relying upon it and assuming it to be true; he is bound to make inquiry and examination for himself *881 so as to ascertain the truth.’ (Cit.)” (Cits.)’ [Cit.]” (Emphasis omitted.) Condon v. Kunse, 208 Ga. App. 856, 857-858 (1) ( 432 SE2d 266 ) (1993).

1997And where the representation consists of general commendations or mere expressions of opinion, hope, expectation and the like . . . the party to whom it is made is not justified in relying upon it and assuming it to be true; he is bound to make inquiry and examination for himself *881 so as to ascertain the truth.’ (Cit.)” (Cits.)’ [Cit.]” (Emphasis omitted.) Condon v. Kunse, 208 Ga. App. 856, 857-858 (1) ( 432 SE2d 266 ) (1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Albany Urology Clinic, P.C. v. Cleveland green
ga · 2000
2 sentences

2011In Albany Urology Clinic, P.C. v. Cleveland, 272 Ga. *214 296, 296-297 ( 528 SE2d 777 ) (2000), the Court explained that physicians have no common law or statutory duty to volunteer information to their patients of “unspecified life factors which might be subjectively considered to adversely affect the professional’s performance.” The Court held that the failure to make such a disclosure could not “provide a basis for a fraud claim, nor [could] it vitiate a patient’s consent so as to authorize an action for battery.” Id.

2011In Albany Urology Clinic, P.C. v. Cleveland, 272 Ga. *214 296, 296-297 ( 528 SE2d 777 ) (2000), the Court explained that physicians have no common law or statutory duty to volunteer information to their patients of “unspecified life factors which might be subjectively considered to adversely affect the professional’s performance.” The Court held that the failure to make such a disclosure could not “provide a basis for a fraud claim, nor [could] it vitiate a patient’s consent so as to authorize an action for battery.” Id.

12011–2011
Buckner v. Mallett green
ga · 1980
2 sentences

1992Buckner v. Mallett, 245 Ga. 245 -246 (1) ( 264 SE2d 182 ) (1980).

1992Buckner v. Mallett, 245 Ga. 245 -246 (1) ( 264 SE2d 182 ) (1980).

11992–1992

Where else courts name it

DE 10 (2006–2022) TX 8 (2004–2025) CT 6 (1991–2000) GA 5 (1992–2011) IL 3 (1995–2025) OH 2 (2005–2021) NY 2 (2015–2025) CA 2 (1994–2023) IN 2 (2004–2015) ID 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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