2013 Code of Alabama :: Title 6 - CIVIL PRACTICE. :: Chapter 5 - ACTIONS. :: Section 6-5-101 - Fraud - Misrepresentations of material facts. (2024)

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2013 Code of Alabama :: Title 6 - CIVIL PRACTICE. :: Chapter 5 - ACTIONS. :: Section 6-5-101 - Fraud - Misrepresentations of material facts.? ›

Section 6-5-101Fraud - Misrepresentations of material facts. 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.

Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.

Section 6-5-102 of the Code of Alabama provides: “Suppression of a material fact which the party is under an obligation to communicate constitutes fraud.

Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney.

A misrepresentation is a false statement of a material fact made by one party which affects the other party's decision in agreeing to a contract. If the misrepresentation is discovered, the contract can be declared void. Depending on the situation, the adversely impacted party may seek damages.