Fraud, Misrepresentation, and Deceit.

Ala. Code tit. 6, ch. 5, art. 8

in effect

Ala. Code § 6-5-100 Fraud - Right of Action Generally.

6-5-100. Fraud - Right of Action Generally. Fraud by one, accompanied with damage to the party defrauded, in all cases gives a right of action. (Code 1907, §2468; Code 1923, §5676; Code 1940, T. 7, §107.)

Ala. Code § 6-5-101 Fraud - Misrepresentations of Material Facts.

6-5-101. Fraud - 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. (Code 1907, §4298; Code 1923, §8049; Code 1940, T. 7, §108.)

Ala. Code § 6-5-102 Suppression of Material Facts.

6-5-102. Suppression of Material Facts. Suppression of a material fact which the party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case. (Code 1907, §4299; Code 1923, §8050; Code 1940, T. 7, §109.)

Ala. Code § 6-5-103 Deceit - Right of Action Generally.

6-5-103. Deceit - Right of Action Generally. 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.)

Ala. Code § 6-5-104 Deceit - Fraudulent Deceit.

6-5-104. Deceit - Fraudulent Deceit. (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.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026