Crawford v. Williams

Clarke, Presiding Justice.

In this action to recover damages for fraud the trial court granted summary judgment to the defendant. The Court of Appeals reversed. Williams v. Crawford, 186 Ga. App. 643 (368 SE2d 337) (1988). We granted certiorari and now reverse.

The tort of fraud has five elements: a false representation by a defendant, scienter, intention to induce the plaintiff to act or refrain from acting, justifiable reliance by plaintiff, and damage to plaintiff. Hardy v. Gordon, 146 Ga. App. 656 (247 SE2d 166) (1978). For an action for fraud to survive a motion for summary judgment, there…